Granite Bay Wills Lawyer
California Last Will and Testament Attorney
A last will and testament, more commonly known as a will, can protect your family and property because it is a legal instrument that directs how a person’s estate will pass after death. A person’s estate includes all the property owned at the time of death. Some of those assets many pass outside of a will, like retirement plans, life insurance, or living trust assets.
A California Will Lawyer You Can Trust
In the case of death or incapacity, you need a valid will in place to ensure your wishes are followed and your family is protected. The team at McCunn Law is experienced in wills and estate planning and can assist you. For more information about estate planning, you can explore our FAQ page or contact us online today. We are also available by phone at 916-773-6100.
Why do I need a will?
A validly executed will acts as the decedent’s voice and can be used to ensure that the estate is left to a person or organization of their choosing. It can also ensure that a trusted person manages property left to minor children or that a personal guardian is appointed to care for them. Despite the apparent ease of writing your own will, there are many legal complexities in state and federal laws, in addition to the particulars of a person’s individual circumstance. This makes drafting your own will risky.
If a will is not properly executed because it does not confirm with state and federal laws, then a court could declare it invalid, and with it most of the provisions contained therein. There are certain requirements in California, like signing your will in front of two witnesses; having both witnesses sign at the same time as each other. There are also more complicated provisions, like whether a spouse can be left out of the will, or what happens if there is a marriage after the will was executed. Nonetheless, even if certain provisions of the will are deemed invalid, the court may still use the executor appointed therein. The executor is important because it ensures that the provisions of the will are carried out after death.
What happens if I die without a will?
Without a will, a decedent’s property would pass through “intestacy” laws. In California, the estate passes first to the decedent’s closest relatives, starting with a spouse and
children. The list continues and the estate passes to distant relatives and until finally, if there are no living relatives by blood or marriage, then the estate goes to the state. Without a will, or without a valid will, the state would decide how to distribute the estate, possibly even distributing some property to unintended heirs and disregard property such as jewelry or family heirlooms.
Legal Assistance
The best time to seek legal assistance is when disputes are still only minor agreements. This gives either party the time to re-evaluate their actions and determine the next move without breaking the law or acting unfairly. Consulting with an attorney can provide the information they need to steer them down the right path. In some instances, clients ask us to mediate a dispute between landlord and tenant, so both parties can come to an agreement without the need for battling it out in a courtroom.
If you are a landlord or a tenant who believes your rights have been breached or you have been accused and your business or reputation is on the line, turn to McCunn Law. We help our clients to navigate even the most complex legal issues to arrive at the best solutions possible. Contact us today at 916-827-3427.
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”
“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”