Wills

 

Careful estate planning from compassionate attorneys

Creating your will is an important part of planning for your family’s future. Deciding how to divide your assets and belongings can be a complicated process. If you have minor children, choosing a guardian is another important hurdle. The Keller Law Firm works with you to create a will that completely expresses your wishes and needs.

What are the requirements for a California will?

In California you can handwrite your will, but the best choice is to have a will drafted by an attorney so that it completely expresses all your intentions in a legally enforceable way. To be valid, a will should:

  • Be in writing and be dated

  • Be executed (completed) by a person who is legally competent

  • Not be completed under duress, fraud or undue influence

  • Be signed by the testator (person making the will)

  • Be witnessed by two people who are not interested parties in the will

Wills generally include specific bequests to certain people, the naming of an executor (the person who carries out the will), the naming of a guardian for minor children, as well as instructions about burial. There is very specific wording that must be used to ensure that your wishes are carried out, so it is important to work with a law firm that is experienced in wills’ drafting and estate planning.

Why do I need a will?

When a person dies without a will (known as dying intestate), his or her estate (assets and belongings) are distributed according to California statutes, which determine who gets what.

  • A surviving spouse gets half the community property

  • The rest of the community property and separate property is divided among the spouse and surviving children, with the shares determined by the number of children

  • If there are no children, grandchildren or spouse, the parents, siblings, nieces and nephews are the heirs

Most people prefer to decide for themselves how they want their property divided; this is particularly important if you wish to leave particular items to specific people. The Keller Law Firm helps you draft a will that expresses all of your wishes and ensures they are carried out. The firm also ensures you draft other documents needed for a complete estate plan, including a power of attorney. The Kellers are also trust lawyers, ready to help you create a trust for your assets.

How do I challenge a will?

A will can be challenged by filing a petition in probate court. A will can be challenged if you believe:

  • The testator (person who made the will) was not legally capable of making a will

  • The testator made the will under fraud, duress, undue influence or mistake

  • There is another will that was executed after the will that is being probated

  • The testator revoked (legally cancelled) the will that is being probated

  • The will was not properly executed

Beware of, ‘No contest’ clauses. A will contest is a complicated procedure that must be handled with skill. 

We are prepared to handle your will contest.