A last will and testament is a legally binding document that outlines what you would like to happen to your e状态 and assets after you pass away. While many Californians choose to use a Revocable Living 信任 as well as a will in their e状态 plan, a simple will may be appropriate for small e状态s under the 遗嘱认证 threshold.
作为遗嘱人(立遗嘱人), you will be able to clarify who will become the legal guardian of your minor children and who you would like to receive an inheritance from your e状态 after you have passed away. California imposes specific requirements that your will must meet to be considered legally valid and enforceable.
If you would like to take charge of your e状态 plan by creating a will, the 丹尼尔律师事务所. 亨特是来帮你的. We will review your situation with you and listen carefully to your goals for your e状态 plan. We will help you create a legally valid will in California that protects your assets and goals. Contact the knowledgeable and experienced 萨克拉门托 probate lawyers at the 丹尼尔律师事务所. 亨特今天来安排你的初次会诊.
写你的遗嘱
当你决定写遗嘱的时候, you are in control of how the court will distribute your property after you pass away. Creating a will makes the probate process much easier for your surviving family members. Providing clear instructions as to who will receive your property will help your surviving loved ones greatly. 丹尼尔律师事务所. 亨特, we will help you ensure that your will is clear and addresses all of your property and assets.
加州对有效遗嘱的要求
Writing down how you want your assets to be distributed after you die is not enough to create a legally binding last will and testament in California. Instead, you will need to meet certain legal criteria to be enforceable in the 状态 of California. California 遗嘱认证 Code sets forth the basic requirements for a legally valid will as follows:
- 年龄: The testator must be at least 18 years old at the time you write your will.
- 能力立遗嘱人必须有立遗嘱的能力, 也就是说遗嘱人必须精神健全. Being of sound mind means that the testator can understand the purpose and nature of the testamentary act of creating a will. Additionally, the testator cannot have a mental disorder that causes hallucinations or delusions.
- 格式在加州，遗嘱必须是书面的. 加州不承认任何形式的口头遗嘱. 然而, California does recognize holographic wills as legally valid as long as they are handwritten and signed. 在某些情况下, California courts will recognize a holographic will even when it does not have signatory witnesses or notarization.
- 签名立遗嘱人必须在遗嘱上签字. 然而, 遗嘱人身体或精神上无行为能力的, 另一个人可以在遗嘱上签名并写上遗嘱人的名字. 在这种情况下, the testator must still be physically present and direct the other individual to sign on his or her behalf.
- 目击者在加州, a will must be signed by at least two people who are present when the testator signs the well. When one of the witnesses is a beneficiary who will inherit property under the terms of the will, 肯定有第三个证人在场. 你的律师不应该成为你的证人之一, 所以带两个不同的成年证人来签署遗嘱是明智的. The witnesses must also be of sound mind and physically present when you sign your will.
- 受益人: The testator has a wide range of discretion regarding who will receive their property under the terms of the will. 立遗嘱人可以将财产分配给个人, 业务, 社会, 洛奇, 国家, 状态, 城市, 市政公司, 以及加州的其他政府机构.
写遗嘱的好处
没有遗嘱或基于信托的遗产计划, you will lose control over who receives your property after you pass away. Many advantages come with creating a legally valid will in California, such as:
- Choosing beneficiaries and attaching conditions to the distribution of your property
- 指定遗嘱执行人
- 为未成年子女指定监护人
- 如果你愿意，可以撤销或修改你的遗嘱
威尔在加州竞选
Difficult family situations can arise when surviving family members disagree about a deceased loved one’s will. 在某些情况下, family members are surprised that they have not been included as a beneficiary of the deceased loved one’s property. In other cases, family members doubt that the testator had a sound mind when creating a will. We have also represented surviving family members who contend that a third-party exercised undue influence over their loved one to obtain property or money from them.
When legal issues arise related to a will, this is called a will contest. 当事人可以在加州遗嘱认证法庭质疑遗嘱的合法性. 遗嘱认证法官可以进行遗嘱争议审判. 审判期间, the person or people challenging the will have a burden to produce evidence that the will is invalid under California’s probate laws. The probate court will not distribute the decedent’s property until the judge has decided in a will contest. 如果你卷入了一场遗嘱之争, it is important that you consult with a probate lawyer as soon as possible who will help you protect your rights and interest.
今天联系一位加州律师
Creating a will is one of the most important actions you can take to ensure that the people or organizations you choose will receive your assets after you are gone. 不幸的是，许多美国人并没有这样的意愿. 当人们去世时没有留下遗嘱或信任, 加州政府将根据法律分配财产 加州的无遗嘱法. 联系Daniel A律师事务所. 亨特 today to begin the process of creating or updating your will by scheduling an initial consultation with our 萨克拉门托, 福尔松的, 或罗斯维尔办公室. We offer in-person, virtual, and telephone appointments for your convenience.