Chula Vista Wills Attorneys

Helping Clients Secure Their Legacy with a Will in California

An estate plan allows individuals to protect their assets and create an actionable plan for their loved ones once they pass away. A last will and testament, or a will, forms the bedrock for many estate plans. The document typically allows you to identify who will receive your property, who will take care of your minor children, and who will serve as the executor of your estate. 

Our Chula Vista wills lawyers at The Sexton Law Firm can help you develop your estate plan from the ground up, including the drafting, reviewing, and validating of your will. Whether you are updating existing documents or starting anew, our team has a complete familiarity with estate planning tools and can leverage our knowledge to help you ably safeguard your assets and future. We can review your estate planning goals and explore what solutions can be used to accomplish them.

Do not wait to formalize your will. Schedule a consultation with our team by calling (619) 202-8976or contacting us online.

Benefits of Having a Will

When someone passes away without having a will in place, their estates become “intestate.” This means that the deceased’s assets are distributed in accordance with California’s intestacy laws, where property is divided proportionally among immediate relatives. None of your wishes or intentions will be honored, and your surviving loved ones will have no legal recourse to alter the proceedings.

Having a valid will avoids intestacy and allows you to take control of what happens to your estate. The last will and testament can be a flexible tool that can perform multiple functions.

A last will and testament allows you to:

• Designate beneficiaries for your property. You can leave assets to any individual or organization you choose.
• Appoint a guardian for any minor children. If you have minor children, a will gives you the opportunity to decide who should take care of them should you pass away.
• Choose an executor. An executor, also called a personal representative, is the individual who will be responsible for ensuring the terms of your will are followed and that your estate is properly settled.

Despite the will’s wide scope of abilities, it should often only form the ground floor of a larger estate plan. Contents of a will are a matter of public record and are often subject to litigious matters of probate. However, wills are often used effectively in concert with other estate planning tools, including trusts.

What Assets Should Be Included in My Will?

To ensure your will comprehensively covers your estate, consider including the following types of assets:

• Real Estate: Include all properties you own, such as your home, vacation properties, and any land holdings.
• Personal Property: List valuable items like jewelry, art collections, vehicles, and antiques you wish to pass on to specific individuals.
• Financial Accounts: Incorporate bank accounts, investment portfolios, stocks, bonds, and retirement accounts. Be sure to specify any payable-on-death beneficiaries.
• Business Interests: If you own a business or have stakes in one, detail how you wish these interests to be managed or distributed.
• Digital Assets: Include online accounts, digital currencies, and intellectual property. Provide instructions for accessing and distributing these assets.
• Life Insurance Policies: Specify beneficiaries for your life insurance, ensuring they align with your overall estate plan.
• Debts and Liabilities: Clearly indicate how any debts should be handled, whether they are to be paid from the estate or assigned to specific assets.

Consulting with a will lawyer in Chula Vista from The Sexton Law Firm can provide tailored guidance, ensuring your will accurately reflects your asset distribution intentions and complies with legal requirements.

Why You Need a Lawyer to Help with Your Will

While it can be unpleasant to think about, challenges to the authenticity of a will can be common. These objections are usually raised by loved ones who are dissatisfied by the terms of the will and wish to secure more of the deceased’s estate. Building an estate plan beyond merely a will can help protect against some of these challenges, but you will also need to ensure your last will and testament is properly drafted and validated.

Simply writing your intentions on a piece of paper does not necessarily make the document a will that will be recognized in a court of law. To adequately protect your interests, your last will and testament must be properly formalized to help cement its legitimacy.

A will must be in writing, as does California does not recognize verbal, “oral” wills. Holographic, or handwritten wills, can sometimes be accepted in the state in extenuating circumstances, but they also are the source of many challenges and objections.

The contents of your will must meet all of the requirements of California’s Probate Code, which our Chula Vista wills attorneys can help you navigate and understand. The completed document must be signed by you as well as two additional “competent” adults. To avoid complications, the “witnesses” who sign should not have any personal stake in the will’s contents. These witnesses could be called upon to verify that you were of sound mind when you completed your will. While notarization is not mandatory in California, we often encourage the practice, as it helps ensure the legitimacy of the will.

Why Should You Keep Your Will Updated

Your work is not done when you formalize a will. The last will and testament is often only the first building block in a larger estate plan, especially if you wish to avoid tax liability and take additional steps to avoid probate conflict.

You will also need to continue to update your will as your life evolves. Minor changes can be instituted through codicils, but it is often more efficient and safer to revoke a previous will and formalize a new one.

We can help identify life events that may warrant immediate reviews and updates to your will and other elements of your estate plan. For example, a divorce will generate significant implications that should be promptly addressed. In California, a divorce automatically invalidates any provision in your will that mentions your ex-spouse.

How Can I Ensure My Will Is Legally Valid?

To ensure your will is legally valid in California, consider these essential steps:

• Drafting the Will: Clearly specify asset distribution, and beneficiaries, and appoint an executor, ensuring the document is comprehensive and reflects your wishes.
• Signing Requirements: You must sign the will in front of a minimum of two witnesses, who must all be mentally competent adults over the age of eighteen.
• Witness Criteria: Select witnesses who are not beneficiaries to avoid conflicts of interest and potential legal disputes.
• State Law Compliance: Adhere to California state laws, including proper formatting and necessary clauses, to maintain the will's validity.
• Notarization: While not mandatory, notarizing your will can enhance its authenticity and reduce the likelihood of challenges.
• Legal Advice: Consulting an estate planning attorney ensures your will meets all legal requirements and accurately represents your intentions.
• Regular Updates: Update your will after major life events to keep it current and relevant.

By following these steps, you can help safeguard your will's legality and ensure it accurately reflects your intentions.

Contact our Skilled Will Lawyers in Chula Vista

Our Chula Vista wills lawyers at The Sexton Law Firm are committed to helping clients and their families prepare for their futures. Effective estate planning can give you the peace of mind that your loved ones will be taken care of once you are gone, and developing a robust last will and testament is often the first step to building those protections. In our first meeting, we can listen to your goals and concerns and work with you to create an estate plan that will give your loved ones the plan that they deserve. Our team can work to ensure that your will is properly drafted, compliant with all local regulations, and correctly formalized. We can also advise on how your will can integrate with other estate planning tools.

Helpful Resources

• The Superior Court of California: San Diego County official page providing resources and information on wills, estates & trusts.
• The American Bar Association: Introduction to Wills

To learn more about how a last will and testament can help protect your future, call (619) 202-8976or contact us online.