Wills
Los Angeles Estate Planning Attorney
A will is a document in which you decide who should
manage your estate after your death and who should
inherit your assets. A will allows you to name guardians for your minor children should you be unable to care for them. Without a will, a Los Angeles Probate Court Judge will determine these matters.
Each of the estate plan packages at Best Coast Estate Law include a will.
Frequently Asked Questions
Our team specializes in simplifying the estate-planning process so you and your loved ones can feel certain about every decision. Start with this overview, and then book a consultation when you’re ready to talk more.
What is a Will?
A legal document created by you, the “Testator,” that sets forth your wishes
regarding distribution of your assets and guardianship of any minor children. A will
takes effect at the death of the Testator and may be revoked or amended at any
time before the Testator’s death. The Testator selects an “Executor” to administer
the estate after the Testator’s death and distribute assets to the “Beneficiaries”.
Does a Will avoid California Probate?
No. A will requires the Testator’s assets be administered by the county Probate Court, and after publishing in the paper, notifying creditors and paying court and attorney fees, the estate is distributed among the Beneficiaries of the will. Wills are made public. You need a trust to avoid Probate Court.
If a person creates a living trust, they typically also create a “pour over will” which “pours over” assets to the trust at his or her death.
If a person creates a living trust, they typically also create a “pour over will” which “pours over” assets to the trust at his or her death.
Who needs a Will?
Anyone who wishes to control distribution of his or her property after death and anyone who wishes to nominate guardians for minor children needs a will. Without a will, the probate court will almost always distribute property according to the California Probate Code. Without a will, the probate court will nominate guardians who will have legal custody of minor children.
Who can be Executor if I have no family?
Many Californians name friends to be their Executor, there is no requirement to
name family. Your Executor should be someone you implicitly trust to follow your
wishes. If you do not have a family member or friend that is appropriate for this role
you may consider a California Licensed Professional Fiduciary. This may be a
fiduciary in private practice or a corporate fiduciary like your investment bank. At
Best Coast Estate Law we always walk our clients through these touch decisions.
