Experienced Estate Planning Attorney for Wills
A will is a legal instrument that is generally part of your estate plan. Your will contains your instructions as to how your property and assets will be distributed after your death. To ensure that your will is properly executed so as to be held valid by the courts, you should consult with an attorney who practices estate planning in your area.
At The Law Office of Nikki Farris, formerly called Baker & Farris, we have been serving the community for several years which can be applied to your legal matter. A estate planning lawyer at our firm can sit down with you to make sure you thoroughly understand the process of drawing up and executing a will.
We can assist you by ensuring that your will is comprehensive and executed according to state law. Contact our Chico wills attorney by calling 530-898-1488 serving clients throughout Butte County today.
Why Is a Will Important?
Making your wishes known as to how you want your titled property and personal belongings to be distributed after your death is essential. Otherwise, this issue will fall under state law which means the courts will distribute your estate without any input from you.
Heirs & Beneficiaries
Your will should designate your heirs and beneficiaries and what these individuals are to receive from your estate.
To that end, you can make detailed lists of what each beneficiary receives, such as:
- Specific gifts
- Funds
- Or other assets
Your will also provides instructions for remaining assets that are not covered by those passed down to specific heirs.
Naming A Guardian
You can also name a guardian for any minor children you may have. The named guardian will provide care as well as manage the property, assets, or funds you leave for the child should you pass away suddenly.
In a will, you also name the person or institution you want to act as the executor of your estate. Your designated executor will manage your property and assets, pay taxes and bills, and be in charge of seeing that your estate is distributed according to your instructions.
What Is Not Covered by a Will?
A will does not cover all financial or asset matters, such as:
- Life insurance
- Joint tenancy assets
- And more
By working with an experienced attorney at our firm, all of your financial matters can be protected through various estate planning tools and instruments designed for this purpose.
If you are considering creating a will, reach out to an experienced wills attorney in Chico who serves throughout Butte County. Contact The Law Office of Nikki Farris today.
Requirements of a Will
In order to make a valid will in California, it must follow these requirements:
- The creator must be at least 18 years old.
- They must be of sound mind and memory.
This means that:
- They understand the meaning of creating a will.
- They understand property and relationships.
- They do not suffer from a mental health disorder that causes hallucinations or one that may affect decisions.
- The will must be made voluntarily — no one can force you to create a will.
- The will must be in writing, meaning that it exists in physical form. A digital copy that is saved on your computer is not valid, nor is an oral will.
- The will must be signed in the presence of two witnesses, who must also sign it at the same time. The witnesses cannot be people who are benefiting from the will.
Types of Wills
In California, there are three types of wills:
- Attested Wills – prepared by an attorney
- Holographic Wills – handwritten will by the testator and typically does not have witnesses. Is valid, but only if the testator’s handwriting can be proven.
- Statutory Wills – easy to complete, but does not have much flexibility because it follows a pre-printed form. Requires signatures from two witnesses.
For skilled guidance when writing your will, reach out to our Butte County wills attorney at The Law Office of Nikki Farris. We are backed by years of experience and are ready to answer any of your questions. We can ensure that your wishes are followed when you are gone.
Get the capable legal help you need to ensure that your wishes are carried out through a proper will. You can discuss the matter with one of our attorneys in a consultation. Contact our firm by calling 530-898-1488 to schedule your consultation with a Butte County wills attorney.