Torrance Wills Attorney
We Can Help You Make Your Intentions Clear
One of the most difficult considerations a person must make is what will
happen to his or her family and property after he or she dies.
estate plan, including drafting and executing a will, provides assurance to individuals
and their families that their intentions are clear. Although there are
services and forms that claim people can write their own wills without
an attorney, the only way to ensure it is drafted and executed properly
is to do so under the guidance of an experienced Torrance estate planning lawyer.
Types of Wills
Testamentary Will: A testamentary will is a legal document distributing property to named
beneficiaries. The person who executes the will is called the testator.
The will also names the estate executor, who is the person in charge of
distributing the property. Parents must name a guardian to oversee minor
children's care and finances in the event of their deaths. It is common
for spouses to have joint corresponding wills drafted at the same time.
People who already have a testamentary will should review it every few
years to keep it updated. Major life changes, such as divorce, remarriage
or additional children born or adopted require you to revise or supplement
your will using what is called a codicil.
Pour-Over Will: People who have put most or all of their assets in
trust also need a pour-over will, which governs assets that are not included
in the trust.
Living Will: A living will does not distribute property after death, but instead sets
out a person's wishes should they become incapacitated by accident
or illness. Living wills include medical directives and
powers of attorney.
How to Contest a Will in California
Once a testator passes away, the testator's estate must file the will in
probate court for the court to administer it. Litigation, although rare, may occur
if there is an objection to a testator's will. Most of the time, objections
occur when the testator drafted the will without an attorney. Having an
up-to-date and properly executed will greatly reduce the chances of probate
For example, surviving spouses are entitled to a portion of a probate estate
known as the "widow's share." If a testator attempted to
disinherit his or her spouse, the spouse may file an objection and receive
the amount of property to which he or she is entitled to under California
intestate law. Other objections may be made if an interested person believes
a will was executed fraudulently or under duress.
Get Experienced Help - Hire a Torrance Estate Planning Lawyer!
An experienced Torrance wills lawyer at the
Law Offices of James C. Shields not only represents clients in drafting wills, but can also file the will
in probate court, administer the probate estate and litigate in probate
court, if necessary. Contact a wills attorney in the South Bay to learn
how you can set your mind at ease and make your final intentions clear
by drafting and executing a will.