Pleasanton Wills Lawyers

Making a valid will

In California, you can make a valid will if you are at least 18 years old and of sound mind. The will must be in writing and signed by you (or by another at your direction and in your presence). Two or more competent witnesses must witness your signature. Once you have taken the steps and fulfilled these requirements, it is tempting to believe that you are totally covered—your loved ones will be taken care of and you can rest easy in that knowledge. With more than 30 years experience as Pleasanton wills lawyers, we at the estate planning law firm of Beverly M. Hoey know that, unfortunately, it is not really that simple.

What a will does and does not do

Pleasanton wills lawyer Beverly M. Hoey regularly assists clients in the preparation of wills and other legal entities that protect the people you leave behind. Here, our staff provides some basic advice and dispel a few misconceptions about what your will actually can and cannot do:

What a sound will can do for you and your heirs

Your will allows you to designate how property that you own at the time of your death will be distributed. You can divide up your property in your will any way you want, even if you want to disinherit your spouse or your children. However, note that if you have anything like jointly-owned property or retirement plans that legally pass outside your estate, your will applies to their distribution only if you make them payable to your estate. A wills lawyer at Beverly M. Hoey in Pleasanton can help you prepare the necessary documents to make this stipulation.

Your will can also designate a guardian for your children, if they are minors at the time of your death or incapacitation. As long as the will is properly written and you have set up the correct type of trust and chosen the right trustee to handle your child’s estate, you may be able to eliminate the need for court supervision. Ask our wills lawyers in the Pleasanton office for assistance in making your guardianship designations in accordance with California laws.

What you cannot accomplish with a will alone

Some types of assets are not covered by the authority of your will. For example, real estate that is owned jointly passes directly to the surviving owner, and an IRA or insurance policy payable to a named beneficiary goes to that person outside of probate. There are also different rules that apply to other jointly-owned properties, trusts, annuities, retirement benefits, and life insurance. Talk to a Pleasanton wills attorney at Beverly M. Hoey in Pleasanton about how to set up the distribution of those assets effectively.

A Pleasanton wills lawyer can also advise on useful alternatives to your will, including:

Contact a Pleasanton will lawyer at Beverly M. Hoey today.