• WHY DO I NEED A WILL?

A Will is necessary because it lets your heirs know how you want your possessions and your children (if you have them) handled in the event of your death. The will can nominate a guardian(s) (for both the estate and the person) of minor children (under the age of 18 years). It can also designate a person(s) who will inherit your estate. It can also make clear how your possessions should be divided and to whom they should go. However, a will does not avoid the cost of Probate…only a Trust, in California, can do this.

• WHAT MAKES A VALID WILL?

In California, a formal will must be witnessed by 2 people. Their signatures must be on the will to be valid. If the will is hand written it is called a ‘holographic will’ and does not need to be witnessed. However, it must be in the person’s handwriting and signed and dated by the person who created the will.

• DOES A WILL AVOID PROBATE?

No, a will does not avoid Probate. If you have real estate in California, then you should have a Trust in order to avoid Probate.

• IS IT LEGAL TO SAY ON A WILL THAT IF ANYONE DISPUTES THE WILL THEY WILL GET NOTHING OR $1.00?

Yes, it is common practice to put this clause in a Will. A person can still challenge the Will—but if not successful they may lose their entire interest in the estate. However, if the challenger wins, he/she can still inherit. This clause is meant to discourage people from disputing the Will and delaying the closing of the estate.