WILLS

A Will is a legal document that takes effect upon death.  It is used to to give your loved ones post-death instructions, to direct the distribution of your assets, and to name a person to administer your estate (your “Executor”).  If you have minor children, you can also name a person(s) to be guardians for them, should something to happen to you.  

At your death, your Will must be filed with the court and becomes a public document.  If you die without a Will (intestate), the probate court will distribute your assets to your surviving relatives according to the laws of the State of California.  A Will does not prevent your estate from being probated, but your assets will be distributed pursuant to your instructions.  For some individuals, a Will is sufficient to accomplish their objectives.  If you have a significant estate, disabled beneficiaries or if you own real estate, a Will may not be the best estate planning tool for you.

A Will is not part of a Trust.  However, if you have a Trust, you still need a "Pour over Will," which “pours” any property left outside your trust into your trust at death.

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