Wills

Creating a will is one of the most common and important parts of estate planning. It ensures that your property and assets are distributed in the way you desire and that your loved ones are provided for after you pass. An experienced Orange County will lawyer can guide you through each step of drafting a will, making sure it explains your wishes, is tailored to your circumstances, and is legally binding.

With the help of a legal professional from the Law Office of Patricia Hendrickson, you can navigate the complex estate planning laws in California. We can address your specific goals and needs, offering you a personalized service. Patricia Hendrickson has over 20 years of legal experience and can work with you to draw up a comprehensive will that includes your exact preferences for asset distribution.

Will Laws in Orange County, CA

In order to create a legally binding will in Orange County, California, you must make sure it adheres to several state laws, including the following:

• Age and Mental State: You must be of legal adult age and of sound mind. This means you must understand what you’re doing, the extent of your assets, and the nature of your relationships with family members and those who might inherit your property. You also must not have a mental disorder that causes hallucinations or delusions that may affect your decisions regarding your property.

• Written Document: The will must be typed up and printed as a hard copy. Although California does allow handwritten (holographic) wills if they meet certain criteria, they usually are not recommended.

• Signatures and Witnesses: You must sign your will, or you must direct someone to sign it in your presence. The will must also be signed by at least two parties who simultaneously witness either the will being signed or your acknowledgment of the will or signature. The witnesses must also understand that they are signing your will.

• Property Distribution: The will must only distribute the property and assets that belong to you, whether it is your separate property or your half of community property.

Simple Will

A simple will, also known as a statutory will, is a simple and straightforward document outlining the distribution of assets and property after one’s death. Generally, simple wills are most appropriate for people who have estate planning needs that aren’t complicated, such as those who want their assets to be distributed equally amongst parties or who have limited assets. Simple wills are typically more cost-effective and easier to understand and execute.

The California Probate Code includes a fill-in-the-blank form for a simple will, but it must only be used as written, and none of the language can be changed. For this reason, you should consult with an Orange County will lawyer to make sure this form meets your estate planning needs.

Joint Will

Joint wills are created by married couples who have the same wishes for their estate. Both parties must agree with every term of the will, and both must sign it. A joint will can be modified or revoked by either partner if they are in agreement, as long as they are both living. If one spouse dies, the will becomes irrevocable and cannot be changed. If you are considering creating a joint will, speak with a lawyer to get an understanding of the legal implications.

Holographic Will

A holographic will is handwritten and signed but does not require witnesses to be present. There are specific requirements for a holographic will in California in order for it to be legally valid. For instance, a holographic will must be written in the creator’s handwriting, and this must be proven.

It is also a good idea to use language showing your intent to create a will so that there is no confusion about the document. Holographic wills are not recommended because they can often be difficult to validate and may cause disputes.

Pour-Over Will

A pour-over will works in conjunction with a living trust as an extra form of asset protection. It directs any of your assets and property that are not already in your trust to be transferred into it after your death. Therefore, if you pass away before putting certain assets into your living trust, a pour-over will can make sure they are transferred.

Living Will

A living will, also known as an advance health care directive, details your preferences for specific medical treatment in the event that you become ill, injured, or incapacitated and cannot voice your wishes. It also allows you to choose a healthcare agent to make decisions for you.

A living will can express your wishes regarding artificial nutrition and hydration, life-sustaining measures, organ donation, tissue donation, and resuscitation. The state of California requires living wills to be signed and witnessed by two people or notarized.

Durable Power of Attorney

A durable power of attorney (DPOA) is a legal document that lets you designate an attorney-in-fact, or agent, to act on your behalf and make financial and legal decisions for you, even if you become incapacitated. With a DPOA, you can give your agent as much or as little authority as you wish, and the agreement will be valid until your death or until you revoke it.

In California, a durable medical power of attorney is combined with a living will into an advance health care directive. This document would not only ensure that your medical team is aware of your wishes for medical care if you can’t communicate, but it will also ensure there is someone to make certain medical decisions on your behalf.

Partner With an Orange County Will Lawyer

By employing the assistance of an Orange County will lawyer at the Law Office of Patricia Hendrickson, you can give yourself peace of mind knowing your estate planning needs are in capable hands. We can ensure that your will is not only legally sound but also reflects your wishes. Let us help you provide your family and assets with security and protection. Contact our office today and get started with a consultation.