San Marcos Wills Attorney

San Marcos Wills Lawyer

A will is a very important part of estate planning. It is sometimes believed that a will is only for those who are extremely wealthy. However, regardless of a person’s financial standing, a will is a necessary document. A San Marcos wills attorney can help you protect your family, fulfill your desires, and give you peace of mind.

Why Choose Estate Preservation Group?

I am a long-time legal professional asset lawyer with an incredible heart for helping families create their futures at the Estate Preservation Group. My customized service will ensure your will and estate plan are tailored to your individual situation, offering certainty and protection. Having extensive experience in helping people navigate the estate planning process, I can deliver professional advice and personal care so that you can rest easy.

How a Will Can Help You

A will or last will and testament, is an estate planning tool that can be used to let you say what you want to happen with your possessions and to distribute them according to your preferences. One of its purposes is to dictate your assets and wealth distributions to people you care about or to a cause you support. Having beneficiaries in your will gives you control over your legacy and reduces the risk of conflict between family members.

For children, a will allows you to designate a guardian to take care of them if you pass away. This will make sure that your children are being raised by a person you can trust and with whom you share the same values, providing some solace in a tough time. You can also create an executor in your will. This is someone you can count on to administer your estate and make sure that your will is followed faithfully and efficiently.

A will also allows you to declare who you’d like to take care of your pets in the event of your death. You can even specify funeral preferences in your will, making it easier for your loved ones during that time. You can specify whether you prefer to be buried or cremated and where. A will can help minimize disputes and confusion in the event of your death.

California Will Requirements

Every state has requirements for a will to be legitimate, and California is no different. When creating a will, keep the following requirements in mind:

• A will must be written. California wills cannot be video recorded. They must be either handwritten or typed.
• A will requires two witnesses. For a will to be legally recognized, there must be two witnesses who can sign it. For greater security, it is recommended that the two witnesses do not have any interest in the will, meaning they will not benefit from any of the terms outlined in the will.
• Name your beneficiaries. Be very clear about who you want to inherit your assets. Specify full names and any other information so there is no other ambiguity, especially when leaving assets to someone with a common name.

Be sure to keep your will in a safe place, but be sure that someone you trust knows where it can be found. Some attorneys can suggest secure spaces for you.

What Happens Without a Will?

Not drafting a will can affect your estate and your family tremendously. In California, if you die without a will, your assets are passed along as per the state’s intestacy rules. These laws rely on a strict line of succession, focusing on your living children, spouse, parents, and siblings. If no immediate relatives can be found, distant cousins, nieces, nephews, etc might be the next in line. Your property can then, in the rare instance where nobody can be found, go to the state.

Such default distribution seldom goes as well as the individual desires. For example, you might prefer to leave certain possessions to friends, charities, or other non-family members, but this can’t be honored without a will in place. Furthermore, not having a will in place could leave survivors confused and at odds with one another, which can result in conflict and lengthy legal proceedings.

Through a will, you have the power to own your estate and have your wealth distributed in the way that most suits you. It also gives concise instructions that make life easier for your family and friends by giving them clarity and safety during a time of mourning.

Do I Need a Trust and a Will?

Wills and trusts are two vital estate planning tools, but each is important for different reasons, and they generally complement each other. A trust is an effective tool to control certain assets by allowing you to control when and how the assets are distributed, without having to resort to probate. Yet even a trust cannot resolve everything regarding your property.

A will adds a layer of protection to a trust by covering assets not explicitly passed on to the trust so no asset is lost. Secondly, a will gives you the power to name guardians for minor children, something that you cannot do with a trust. It even outlines wishes for oneself, including preferences for funerals or the care of pets.

The Process of Creating a Will

When you prepare a will, you follow a formal process that makes sure that what you want is legally aligned and expressly stated. You need to first determine your intentions, like who you want to distribute your assets to, who will take care of minor children, and how you want your estate to be managed. Based on these considerations, you’ll collaborate with an estate planning attorney to prepare a legally valid document that is specific to your circumstances.

When drafting, you’ll name beneficiaries, an executor to handle your estate, and any guardians for dependents. Your lawyer will explain how to meet San Marcos, California’s legal requirements, including having at least two adult witnesses sign your will. When it’s completed, you should keep the will somewhere easily accessible. Regular reviews and updates keep your will current in case circumstances change, providing you and your family peace of mind.

Contact Estate Preservation Group Today

At Estate Preservation Group, we can help you secure your legacy and go through the will drafting process so it is legally aligned. Contact us today to get started.