Preparing Your Will
Everyone should have a basic will. In your will you name an “executor”, the person with legal authority to transfer your property to your beneficiaries. Wills do have one big drawback: property passing through a will in California must go through probate (except for small estates). It is important to talk to an experienced California estate planning attorney to determine if a will is the right estate planning document for you.
Will Preparation Services
You may not need a living trust, but you should have at least a will. Without a will, the State of California will decide who inherits your property and money. Even if you have a living trust, you should have a will (called a pourover will). Also, a will is the best document for naming a personal guardian for your minor children or pets. Wills do have one big drawback: property passing by a will in California will likely go through probate. It is important to talk to an experienced California estate planning attorney to determine if a will is the right estate planning document for you, as well as what property, if any, you want transferred by your will, and what property you want transferred by another estate planning device (like a living trust) to avoid probate.
The Law Offices of Eric A. Rudolph P.C. cannot only help you determine and prepare the best estate planning tools for your particular needs, but also evaluate, revise and update any existing estate planning documents.
Will FAQs
Yes, everyone needs a last will. Even if you do not need a living trust, you need a will to direct who will inherit your estate. Without a will or a living trust (but you may not need a trust), the State of California will determine who will inherit your estate – and that person may not be the person you want. Preparing a last will is simple and easy, but there are requirements under the CA Probate Code that you want to be sure are followed so your will is valid and enforceable upon your death. The best way to do that is to have an experienced estate planning attorney prepare your will.
No! A will definitely does not avoid probate. This is a common misunderstanding. If you only have a will and your assets are just in your name with no beneficiaries, your will is going to have to go through probate in order for your loved ones to inherit your estate. This will require a long, expensive and document intensive process that could have all been avoided – but likely not with just your will.
A pourover will is a will done with a living trust. Your living trust names your beneficiaries while your pourover will names your living trust as the beneficiary of your will. If you create a living trust but leave assets out of your trust, or you acquire assets later that you do not transfer to your trust, the pourover will “pours” or transfers any left-out assets back into the trust. The pourover will is basically a safety net to make sure any assets left-out or acquired later are redirected to your trust and distributed according to your trust.
Will Preparation Services in Palm Springs, Ca
Estate Planning Attorney, Eric A. Rudolph, Esq. proudly offers a full range of specialized estate planning and will preparation services. His dedicated guidance has helped many Palm Springs families, LGBTQ, couples and individuals avoid financial and legal pitfalls.
The Law Offices of Eric A. Rudolph P.C. offers will services to the desert community including:
Contact Palm Springs Estate Planning Lawyer Eric A. Rudolph, Esq. for a consultation.
Contact Us
The Law Offices of Eric A. Rudolph P.C.
400 S. Farrell Drive, Suite B200
Palm Springs, CA 92262
Phone: (760) 673-7600
