Wills

Will Attorneys in Riverside County, CA

Protecting Your Wishes Through Proper Will Planning

One of the most important decisions you can ever make is to write a comprehensive will that outlines your final wishes. All too often, California residents consider making a will but put it off until it is too late. Even so, writing a will is one of the most practical ways that you can protect your loved ones, especially if you have minor children.

Venable Legacy Planning & Law is a Southern California law firm dedicated to providing our clients with exceptional legal services. Contact our law offices today to schedule an initial consultation and learn how we can help you prepare for the future.

Will My Assets Automatically Go to My Family Members if I Die Without Leaving a Will?

One of the most common reasons that many Californians give for not writing a will is the misconception that their assets will automatically transfer to their loved ones after they pass away. Under California law, however, your assets will be distributed according to the state’s intestate succession laws. Depending on the circumstances, your estate may have to go through the probate process, which can be expensive and time-consuming for your beneficiaries.

Per intestate laws, your spouse generally inherits all community property. For separate property, your spouse would inherit either one-half or one-third, with the rest going to your children. If you have no spouse or children, your assets would go to your parents, siblings, or distant relatives in that specific order. If no heirs can be found, the assets are transferred to the State of California.

What are the Legal Requirements for a Valid Will in California?

After your passing, the last thing you want is legal disputes over the validity of your will. To avoid your family from having to deal with complex legal issues, the most effective solution is to hire an experienced estate planner to assist you.

An attorney can ensure that the state’s legal requirements are met and that you can withstand legal scrutiny. These requirements include:

  • The testator (the person making the will) must be at least 18 years old and of sound mind.
  • The will must be in writing, either typed or printed.
  • The testator must sign the will. If they are unable to do so, they may authorize someone to sign for them in their presence.
  • The will must be signed in the presence of two witnesses.
  • The two witnesses must sign the will with the knowledge that it is the testator’s will.

Although state law does not require that a will be notarized, doing so creates a self-proving document, eliminating the need to find witnesses later.

California does recognize handwritten (holographic) wills. Holographic wills must be written entirely in the testator’s own handwriting and then signed by the testator. No witnesses are required for a holographic will.

Regardless of the type of will written, it must be made voluntarily without the testator being subject to undue influence.

When Should I Update My Will?

Many people who write a will make the mistake of believing they never have to worry about it again. Even though this is a widely held belief, Californians should update their wills every three to five years or immediately after significant life events.

Qualifying life events include:

  • Changes in family dynamics, such as marriage, registered domestic partnership, legal separation, or divorce
  • The birth or adoption of a child or grandchild
  • The death or incapacitation of an executor, trustee, or beneficiary
  • Changes to who you wish to serve as an executor
  • Moving to California from another state
  • Changes to the state probate or tax laws
  • Significant financial changes, such as buying or selling a business, real estate, or acquiring significant debt

Because an outdated will can easily lead to family disputes or legal challenges, such as estate litigation, updating your will should be handled by an estate planning attorney. Our will lawyers can assist you with a wide range of estate planning solutions, helping you move forward with confidence.

Contact Our Riverside, CA Will Lawyers Today to Assist You With Your Legal Needs

Venable Legacy Planning & Law is committed to helping clients with a wide range of estate planning needs. We know that planning for your family is important to you, and we are ready to help you create a custom will that reflects your final wishes.

In addition to wills, our legal professionals can assist with living trusts, trust administration, and probate law.

If you have questions about the legal benefits of writing a will or need help modifying your will, the best option is to consult with an experienced attorney. Contact our law firm in Hemet, CA, at 951-540-3714, or in Murrieta, CA, at 951-540-3592 to schedule a consultation and get started on your case.