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Consider a Living Trust A living trust places your assets in trust and your representative, or successor trustee, transfers them to your designated beneficiaries after your death. Because your assets never technically changed ownership (the trust continues to own the assets), then probate is typically avoided.
A simple will also called a basic will is one of the most common will types. In it, you state who you want to have your property and assets after you die. Some people think a lawyer has to write a will for it to be valid. Others think a will is too complicated a document to make on their own.
Under California probate law, at least two witnesses must sign your will. The witnesses must be present at the same time you, as the testator, sign the will. The witnesses also need to sign a legal affidavit that acknowledges the testators mental capacity when he or she signed the will.
Contact the Firm Use a completely blank sheet of paper (no letterhead, no logo, nothing on it) Write the entire will in your own handwriting. State your name and that you are of sound mind and not under any duress to write a will. State the county in which you reside.
If a beneficiary serves as a witness to the will, the will can be invalidated or the witness can be denied the gifts granted to him or her in the will (so that the will can still be probated), depending on the presiding court.
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One of the most common questions probate and estate planning practitioners receive is, Do I need a will if I dont own anything?. The simple answer is yes. If you are a legal adult, you will need a last will and testament even if its basic. Heres why you should have a will, even if you dont have any assets.
No. You can make your own will in California, using a reputable service like Nolos Quicken WillMaker. You may, however, want to consult a lawyer in some situations; for example, if you suspect your will might be contested or if you want to disinherit your spouse, you should talk with an attorney.
In California, if the dispositive provisions of the will are written in the testators handwriting, and signed and dated by the testator who is at least 18 years old and of sound mind, then the will is valid. There is no requirement that the will be docHubd or that witnesses be present and also sign the will.
Consider a Living Trust A living trust places your assets in trust and your representative, or successor trustee, transfers them to your designated beneficiaries after your death. Because your assets never technically changed ownership (the trust continues to own the assets), then probate is typically avoided.
You may need a will when youre single if: You have a positive net worth. You own a home or have other assets that would need to be distributed if you die. Youre worried about who would end up with your assets once you pass away.

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