San Luis Obispo Wills Lawyer

In California, a will provides three benefits: it allows you to identify who will administer your estate after you die; identify the beneficiaries you would like to receive your assets; and names the individuals you would like to act as guardians for your minor children, should you die before they turn 18 years old. It also allows you to select the person who will settle your affairs, like collecting debts and paying taxes. Having a valid and enforceable will is important, as failing to author this kind of document properly could lead to decisions being made based on the default rules under state law.

At Toews Bio & Abram, Inc, our estate planning attorneys understand the importance of having control over your assets and protecting your family’s future. A San Luis Obispo wills lawyer can listen to your goals and concerns to help create an enforceable and comprehensive document outlining your final wishes.

Wills Explained

A will names an executor, which is the person who will oversee and manage tasks related to administering the testator’s estate. When a person drafts a will, they can express their intentions for their property and empower this executor to carry out these wishes.

Requirements for Splitting Property in a Will

In a community property state, if the testator is married or in a registered domestic partnership, the surviving spouse or partner is entitled to receive 50 percent of shared or community property. In the absence of an agreement stating otherwise, the law presumes that everything the testator acquired during their marriage, except gifts and inheritances, as community property, even if it is titled in the name of one spouse. The testator may designate someone else, or multiple people, to receive their 50-percent interest in the shared property.

A testator also has full control over distributing their separate property, which typically includes assets someone owned before the marriage as well as any gifts and inheritances they received during the marriage. A skilled San Luis Obispo lawyer can help you draft a comprehensive will that clearly outlines your final wishes and meets all legal requirements for property distribution.

Requirements for a Legally Enforceable Will

An enforceable will must be written and signed by the person drafting the will, known as the testator, along with two witnesses. These witnesses should not be beneficiaries or anyone who otherwise stands to gain from the terms of the testator’s final wishes.

A testator must be at least 18 years old and mentally capable of making the will. According to California Probate Code § 6100.5, a person has this capacity if they:

• Understand they are making a will and what it accomplishes
• Know their family members and others who would expect to benefit from the will
• Know what property they own and intend to pass down through the will

Handwritten wills without witnesses – known as “Holographic Wills” – are enforceable provided that they were properly drafted. The testator must write their intentions clearly and sign and date the document. Although a court is likely to honor a handwritten will, working with a San Luis Obispo wills attorney offers more assurance a court will view your final wishes as valid and enforceable.

Consult a San Luis Obispo Wills Attorney If You Have Questions

While many people put off writing a will, thinking it is not an immediate concern, unexpected things can happen. If someone becomes incapacitated or dies before they make a will, they leave their final wishes up to the decisions of court judges.

Working with a San Luis Obispo wills lawyer can give you peace of mind that your final wishes will be followed and your family will be taken care of. Call today to discuss your concerns with a knowledgeable legal professional at Toews Bio & Abram, Inc.