
Estate planning can be complicated, but it doesn’t have to be. With the help of a Manhattan Beach wills lawyer, you can complete your last will and testament easily without unnecessary complications, and our team can make it legally binding. Anyone who wants to make sure their final wishes are honored following their death should hire a wills lawyer to guide them.
The team at Meinzer Law Firm, PC, has over 20 years of experience in estate planning. We’ve drafted countless last wills and testaments, so we have the knowledge required to let you know whether you need more extensive estate plans. Whether you need a simple will drawn up that covers minimal assets or a complex estate plan, you can trust us to fully meet your needs.
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In 2021, only 46% of Americans had wills, meaning that 54% of them died intestate, creating unnecessary complications for their heirs and other loved ones. Only 45% also had a living will to manage their care. You don’t need to be part of this group. All it takes is a short session with a skilled lawyer to craft a legally binding will that makes sure your last wishes are followed.
While you are not legally required to have an attorney when drafting a will in California or filing one at the Los Angeles County Superior Court, most people should still hire a wills lawyer. A Manhattan Beach wills attorney can draft documents that are guaranteed to hold up to scrutiny, especially if one of your heirs or another family member contests the will. While it’s true that few wills get contested, and even fewer contestations are successful, it’s still worth taking the time to make sure your will is ironclad.
There are several reasons why it’s so important to hire a lawyer when drafting your will. Chief among them is that your will must meet certain requirements to be considered legally binding. According to California Probate Code 6100, a will is only valid if:
Testators in California must be at least 18 years old. They must also be considered of sound mind when the will is created. These qualifications make sure the person is capable of making decisions about their estate.
Wills must be in writing, which means oral wills and digital documents that haven’t been properly executed are not recognized. California recognizes both formal and holographic wills. Formal wills are typed, printed, and signed by a testator in the presence of two witnesses. Holographic wills are handwritten and do not require witnesses. You should use a formal will to avoid possible legal challenges.
Wills must be witnessed and signed by the testator, and the signing of the document must be witnessed by at least two people. The witnesses must:
Wills can be declared invalid if they are not properly signed.
Finally, wills in California must be made freely. If it can be proven that a will was created under duress, fraud, or undue influence, it can be contested in court. Having a will’s signature witnessed by two people can make sure no form of coercion was used to procure the document.
How much a will should cost in California varies, depending on the circumstances. If you have a complex estate with multiple properties or extensive assets, it will cost more to draft a will than it would for someone with a simpler situation. More experienced attorneys may also charge higher fees. Some charge flat fees, while others use hourly rates. Find out what to expect by contacting our law firm to discuss the specifics of your will case.
A will lawyer, also known as an estate planning lawyer, is ideal for wills. Estate planning lawyers have experience helping clients draft wills and other documents. They understand will laws and how to phrase everything properly. They can make sure it is legally binding and that the will cannot be contested following your death.
The biggest mistake with wills is not having one. In 2023, 16.2% of California’s population was 65 years or older, yet the majority of people do not have wills in place, meaning that they will die intestate. This situation creates unnecessary complications and can lead to contention among potential heirs. Thankfully, it’s easy to remedy. Contact a wills lawyer to get help with drafting your estate planning documents today.
You aren’t mandated to have a lawyer when making a will in California, but it is highly recommended that you do so in most cases. Even extremely simple estates without many assets need a lawyer to make sure the document is legally sound. If there are any potential complicating factors, a lawyer’s knowledge can be essential for protecting the full scope of your assets.
If you don’t have a will in California, your estate goes to probate, and your assets are divided according to state law. The order of succession for distributing your assets if you don’t have a will is:
If you’re looking for a Manhattan Beach wills lawyer to advise you on your estate plan, trust Meinzer Law Firm, PC. Our team has over two decades of experience in helping clients plan for the future. We can create or modify a will that makes sure your final wishes are followed, too. Contact us to schedule an initial consultation today.