Mission Viejo Wills Lawyer

MISSION VIEJO WILLS ATTORNEY

If you’re planning for the future, creating a will is a solid start. Choosing the right Mission Viejo wills lawyer is the most reliable way to ensure your wishes are fulfilled and your loved ones are protected.

Why an Extensive Will Matters

Only 24% of adults in the United States have a will. Creating a will is a vital part of estate planning, and without one, state laws will decide how your assets are divided among your surviving family members, which might not reflect your wishes. A will is a legal document that protects your wealth and legacy, and the process of drafting a comprehensive will can be complicated without legal help.

Mistakes in wording can lead to legal issues, and clear language is important to prevent disputes among your heirs. An estate planning lawyer in Mission Viejo can assist you in writing and managing your will, ensuring your wishes are respected in the event of an unexpected death, and avoiding probate as much as possible. Given how uncertain life can be, it is wise to make these arrangements early.

The Benefits of a Will

Creating a thorough will offers advantages. These can include:

  • Management of asset distribution: A will empowers you to specify who will receive your property and in what amounts. This can help avoid future disputes among your relatives and guarantee everyone receives what you want them to receive.
  • Choosing guardianship for children: If you are a parent to minor children, a will is crucial for selecting a trusted individual to care for them should you become unable to.
  • Reducing estate tax burden: A will can lessen the impact of estate taxes so that your heirs can receive as much of their inheritance as possible.
  • Avoiding delays from probate: A clear and legally sound will can simplify the probate process. This shortens the time and reduces the costs associated with settling your estate.
  • Protecting your partner: If you have a partner that you are not married to, they may not have any legal claim to your estate. A will can ensure they are taken care of in the event of your death.
  • Executor appointment: A will allows you to appoint a trusted person as the executor of your estate who can manage and distribute your assets per your wishes. Without a will, the courts can appoint one for you and it may not be who you would have wanted.
  • Charitable contributions: If you wish to donate upon your passing, a will is a great way to guarantee your intentions are carried out.

What Happens if You Pass Away Without a Will

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In Mission Viejo, California, if there is no valid will at the time of death, this results in what is known as “intestacy.” When this happens, state law dictates the distribution of your assets. Choosing to go with the intestacy laws means:

Your Assets May Go Where You Don’t Want Them

If a person passes away without a will, the law states that their assets can go to close relatives like spouses, children, parents, and brothers and sisters. This may not align with the decedent’s wishes. If someone had difficult family relationships or preferred to donate their assets to a charity, these laws ignore those desires. Also, if the decedent has minor children, guardianship may not be assigned to someone they would have considered suitable.

Probate

Probate is the process of administering a deceased person’s estate. The process can be time-consuming and expensive. You can assume the cost of probate to be generally 4-7% of the estate’s gross value. Even if the estate has a will, probate is typically required. Probate with a will is usually expedited and the will guides the probate process.

If there is no will, the probate process is done according to California’s intestate succession laws. This means the decedent’s wishes may not be followed, family disputes can arise, and it can be a long and costly process.

A will is a critical tool for people who wish to specify where their assets go after their death. A knowledgeable Mission Viejo trust attorney can assist you in creating a legal one that can hold up in court.

FAQs About Mission Viejo Wills Law

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What Happens if Someone Passes Away Without a Will?

In California, when someone passes away without a will, it is called dying “intestate.” If this happens, the state’s intestate laws will determine how their property will be distributed. Generally, the surviving spouse or domestic partner will inherit all community property. Their spouse will also receive separate property (property owned before the marriage or partnership or acquired separately) unless the decedent has children or grandchildren, in which case it could be split.

Do I Need a Lawyer to Create My Will in California?

While you do not need a lawyer to create a will in California, it is highly recommended. Estate lawyers understand the complexities around estate planning and can help you avoid errors and ensure your wishes are carried out as you intend. Proper estate planning can also take a load off your family and minimize the impact of probate, which is usually a costly and lengthy process that can be extra difficult as they are grieving your loss.

Can I Change or Revoke My Will?

Yes, you can change or revoke your will in California. You can create a new will or amend your existing will (a codicil). If you experience a significant change in your life, such as marriage, divorce, the birth or adoption of a new child, or other changes in relationships, you should make changes to your will.

How Often Should I Update My Will?

The general recommendation is to review your will every three to five years. This is to make sure it still aligns with your wishes or life circumstances. But you should also update your will if you get remarried or divorced, a new member joins your family, make a large real estate purchase, receive an inheritance, suffer an estrangement, or even relocate to a new state with new estate laws.

Reach Out to a Mission Viejo Wills Lawyer

Secure your estate’s future with a comprehensive will. The Law Office of Christopher P. Walker, P.C. is committed to providing compassionate legal services to provide you with peace of mind that your wishes will be honored. Contact us today.

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