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Generally speaking, for a married couple who have children, we would recommend they create mirror Wills with a testamentary trust, as well as ensuring that any property is owned as Tenants in Common with relevant Trust or Trusts in place.
A joint will is a legal document executed by two (or more) people, which merges their individual wills into a single, combined last will and testament. Like most wills, a joint will lets the will-makers name who will get their property and assets after they die. Joint wills are usually created by married couples.
In addition to the last will and testament as described above, California also recognizes holographic wills as valid legal documents. A holographic will is handwritten and must be signed, and legible. No witnesses or notarization is required.
Although married couples often share many things, such as bank accounts or the title to a property, its important that you and your spouse create your own estate planning documents. This is helpful in situations where you have individual assets or different wishes for your remains once you pass away.
A will that was once valid can be rendered invalid when the testator takes an action which validly revokes the earlier will. Revocation of a will can be done through an express statement or through burning, tearing, canceling, or otherwise destroying an earlier will with the intent of revoking it.
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A will must be filed with the court in California in the county where the deceased person lived. The court will use the will to determine if probate is necessary and to ensure the decedents wishes are followed for the dispersal of the estate.
Although married couples often share many things, such as bank accounts or the title to a property, its important that you and your spouse create your own estate planning documents. This is helpful in situations where you have individual assets or different wishes for your remains once you pass away.
What are the grounds to contest a will? Fraud or undue influence by exercised upon the testator by anyone including a beneficiary. Failure to make adequate provision for the objector under the will. Failure to include a person who should be under the will such as a minor child.
These factors include, but are not limited to, circumstances where the Will may have been forged, whether the testator lacked mental capacity to understand their actions not only when writing the Will but in also signing it, whether the testator has been manipulated, pressured or even coerced in to signing a Will,
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.