A will is a legal document that allows you to specify who will receive your property upon your death. If you do not have a will when you die, your assets and property will be distributed according the California Probate Code. This may very well result in the distribution of your assets upon your death in a manner you never intended. For example, if you are married and have more than one child, and you die intestate (without a will) in California, one-third of your separate property assets may go to your spouse, while the remaining property will be distributed in equal shares to your children, even if your spouse requires more of the assets to maintain his or her lifestyle or to stay in your family home. Your hopes of providing for your spouse would be thwarted by a lack of planning.

In your will, you will appoint an executor who will be the administrator of your estate. He or she is responsible for making sure that the instructions contained in your will are followed and all obligations are met.

Even if you have a trust, a will is necessary to make sure any assets that were not placed in trust originally “pour over” into the trust at the time of your death. Called a “pour over” will you should have one of these types of wills in addition to the trust agreement.

If you have questions about Wills, please submit your confidential question online, or call Walton Law Firm for a free and private consultation. We can be reached toll free at (866) 607-1325 or locally at (760) 607-1325. You may also contact us online.