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Why do I need a Last Will and Testament?

No one likes to think about his or her own death, but it is important to consider what will happen to your possessions after you have passed away. It is comforting to know that you have taken the correct steps to ensure that your assets such as your money, property, gifts and jewelry are given to the individuals of your choice, that your loved ones will be taken care of and that you did all that you could to make the process of your death easier for those who are now living without you.

Having a living will and testament makes things easier for your family after you have passed away by alleviating a lot of unnecessary stress. Having your will creates no confusion as to what you wanted to happen to your possessions after your death. Your children are taken care of and there are no uncertainties as to whom you wanted your money and property to be passed on to.

To make sure that your possessions and family are in the correct hands you need to have a last will and testament. Having a will is equivalent to having a say in your assets when you are no longer alive. A last will and testament ensures that all your assets are taken care of according to how you would like them to be distributed. For example, without a will, those closest to you might not receive any of your inheritances. Also, even if you intended on giving to a charity after you passed away, without a will this will not happen. Finally, creating a last will and testament allows you to be certain that the correct amounts of your inheritances will be distributed to the individuals of your choice.

What exactly is a Last Will and Testament?

A last will and testament is essentially a legal document that states exactly what you would like to happen to your assets when you pass away. A will is only a portion of the estate planning process. In your living will and testament you will name your beneficiaries and exactly what you would like them to receive. A living will and testament can also name who you would like to care for your children as well as who you want to look after any assets you leave to your children until they reach 18 years of age. Finally, your last will and testament will name an executor of your will. Naming an executor is extremely important because this individual will carry out your wishes according to the exact instructions you lay out in your will.

Do I need a lawyer to draft my last will and testament?

Everyone’s circumstances are different, however it is not required that you have a lawyer write your last will and testament. Basic wills can most likely be completed without a lawyer, but depending on how large and varied your assets are or how detail intensive your requests are you might want to considered outsourcing help to write your will. If you do decide to have a lawyer write your will be aware that costs for lawyers vary. If you do not want to hire an attorney we offer services at Legal Onion to assist you in creating a high-quality comprehensive last will and testament.

How to make a last will and testament

Deciding how to make your will can be a difficult decision, but in California you have three main choices to decide between.

• You can write out your will by hand. If you pick this method you must make sure that the entire will is written by hand and is legible. If any portion of the will is typed, the will becomes invalid. A written will must be signed and dated by the individual writing it, as well as having two additional witnesses sign the will. If you decide to write a will by hand, it is recommended that you have an attorney review the will to guarantee that it follows California’s rules and regulations and also to make certain that there is no confusion as to what is intended by the dispersal of the your assets.

• California provides a fill-in-the-blanks form, which is considered a statutory will. A statutory will cannot be customized and does not offer many choices as to who your assets will go to when you pass away. This is generally a good will to use if you do not have a large estate and do not plan to distribute your assets to a variety of people. It is also important to note that if you have any questions while filling out the form you should contact a lawyer for assistance.

• You can choose to have a lawyer create your will. This will ensure that your will follows California’s rules and regulations regarding last wills and testaments. A lawyer can offer advice on planning your will and can tailor your will to your specific needs. A lawyer can also assist you with estate planning.

When deciding on how you should create your will, it is important to note that there are services offered that can help you complete your last will and testament. At Legal Onion creating your will is a simple process. We ask you to answer the Legal Onion questionnaire. Then Legal Onion experts review your document and make necessary corrections. Legal Onion helps you create your will by assisting you in the process of executing and validating your will. Legal Onion offers next-day preparation and stores your will electronically for three years.

Please note, once you pass away your will cannot be altered; however it is important to update your last will and testament while you are living as your assets constantly change throughout your life.

What Happens Without a Will?

If you pass away without a will this is called intestate. In this case, your assets are dispersed according to a legal formula; in other words, a state law determines your heirs. Your community property assets will go to your spouse or legal domestic partner. A portion of your separate property assets will go to your spouse or domestic partner and the rest will be spread among your children, grandchildren, parents, siblings, or other relatives. If you are not married or do not have a legal domestic partnership, your assets will go to your children or grandchildren. If you do not have children or grandchildren, your assets will then go to your parents, siblings or close relatives.