Many folks in Downey don’t have a will. Some think they are in too good health to need one, while others think it is not worth the cost for their limited wealth. If this is the case for you, you might be right, and you might get lucky. Unfortunately, putting off making a will only increases the chance that you die without one, and even if you have very little to leave behind, the last thing you want to leave is a mess.

When you pass away in California without a valid will, you are considered Intestate, this just means you have no testament. It also means that California law, not your preferences or wishes, will determine who inherits what you leave behind. This doesn’t mean that the government gets your belongings, but that the law chooses who among your family members will inherit. These succession laws are strict, however, and can often leave some loved ones with nothing or leave nothing but problems for others.

The intestate succession rules are especially likely to be a problem for anyone living in a blended family, as more and more folks in Downey and throughout LA are. If you have unadopted stepchildren, for example, they might inherit nothing, while an estranged spouse you never quite divorced, could end up with more than half your assets. An intestate succession can also take longer to resolve, and leave your estate and family more vulnerable to legal challenges and conflicts.

So it is important not just to have a will, but also a properly drafted and complete will, which is something I often work with individuals on first when they come to me for estate planning assistance.

What Your Will Should Include In Downey

While each estate and estate plan is different, and yours should be tailored to your situation and goals, there are certain steps and topics everyone in Downey should follow and include. I’ve outlined them briefly below, but while it can be a good guide for you to follow, there is no substitute for speaking directly with an experienced estate planning lawyer about your will.

In California, you need:

A Complete Will

While you might think that any will is better than no will, if you leave things out of your will, it can cause problems as well. That is why, in addition to a full accounting of your assets and properties to be left behind, it should also include:

• A guardianship designation for any minor children, to tell the court who you would prefer to protect and care for them.
• A responsible executor and back-ups, who will be given the task of carrying out your wishes.
• Specific bequests that clearly state who should receive specific items or properties.
• Residual clauses that cover anything not specifically mentioned in the will, just in case.
• A list of anyone you specifically do not want to inherit from your estate.

Finally, your will must be dated and signed to be considered valid by the court. A will drafted by an attorney and signed and notarized or witnessed is less likely to face problems or challenges than a holographic (handwritten) will you sign yourself.

An Up-To-Date Will

While it is good to plan ahead, you do not want to make the mistake I see too many individuals in California make, which is to write a will at some point and then forget about it. This might avoid an intestate succession, but if the document is out of date or no longer reflects your wishes or your current situation, it can do a great deal of harm to your legacy and loved ones.

Therefore, it is important ot regularly review your estate plan, especially your will, to ensure it is up-to-date. You should do so every few years, or after any sort of significant life change in your family, wealth, income or feelings toward your beneficiaries. Births, deaths, divorces, marriages and inheritances are all important milestones after which a quick review of your will could avoid serious heartbreak or conflict later.

Call the Law Office of Rebecca Sommer | Protect Your Wishes and Loved Ones

If your will has not been updated in a while, or worse, you do not even have one yet, it is time to call an attorney. As an estate planning lawyer, I provide careful, considerate, and clear advice and guidance for anyone looking to work on their will in Downey and throughout Southern California.

If you want your will to reflect your wishes and to adequately protect your loved ones, I will gladly work with you to ensure it does, or to find you the right estate planning measures that will. To start that conversation or to get started on your will, call me at (657) 571-1241 or reach out to my office online.