Contact a Lawyer For Estate Planning and COVID-19
A last will and testament is universally recognized as the legally binding document that sets forth the final wishes of an individual after they pass away. The maker of the last will and testament is known as the testator. The last will and testament sets forth the division of the testator's assets at the time of their death. It makes clear how the assets and possessions of the estate will be distributed among the beneficiaries. The last will and testament also identifies the executor as the person in charge of the estate as well as a guardian for any minor children.
It is advised that you consult with an estate planning and coronavirus attorney in Los Angeles before drafting a last will and testament. If you have questions about how to distribute your estate, then it is best to seek the advice of an expert, such as a lawyer at the Law Offices of Nigel Burns. A Los Angeles lawyer for estate planning and COVID-19 is recommended to help you with these particular circumstances, as they are extremely complex. An estate planning lawyer in Los Angeles that is an expert in California law will understand your specific needs and will help you achieve your goals.
At the time of the death of the testator, the original last will and testament will be presented to the county surrogate by the executor, which is known as probate. This is a process where the executor will bring the original will for review by the county surrogate. If the county surrogate approves the will, a letter of testamentary will be issued in the name of the executor authorizing him or her to carry out the last wishes of the testator.
Before any of this can take place, the actual last will and testament needs to be drafted. These are the requirements for the formation of a last will and testament:
- You must be at least 18 years old
- You must be of sound mind and have what is known as “legal capacity“ to execute a will
- The Last will and testament must be typewritten and witnessed by at least two adults
- A "holographic will" may be prepared by the testator in his or her own handwriting and it must be dated and signed.
There are numerous benefits to drafting a last will and testament. Among the many benefits are the ability to identify beneficiaries to the estate and set forth conditions for their inheritance. The designation of an executor is important so that a person who is responsible and capable of carrying out the testator‘s final wishes may be clearly identified along with an alternate executor in case the first choice is unable to perform their duties.
Some of the other benefits of drafting a last will and testament are the appointment of a guardian for minor children so that they may be cared for and, if there is a dispute within the family, the testator may exclude any members who may believe they are entitled to a portion of the testator's estate. The testator does this by acknowledging that person but stating they are not receiving any bequests “for reasons known to us“.
Consulting with an estate planning attorney in Los Angeles is a wise move if you are considering drafting a last will and testament. Many individuals draft a last will and testament if they have health concerns or are simply preparing for the future. An estate planning and coronavirus attorney in Los Angeles has the skill and experience that you need to protect your assets and make sure that your final wishes are properly and effectively carried out.
Consulting with a Los Angeles attorney for estate planning and COVID-19 purposes is important during this crisis. With the uncertain economic climate and state of society, you need a lawyer for estate planning to protect your assets and advise you on your rights and remedies going forward. Only an estate planning lawyer in Los Angeles has the ability to provide the steady hand that you need during these turbulent times.
The Los Angeles lawyer for estate planning and COVID-19 that you select will discuss your objectives and intentions so that you may compose a last will and testament with which you are comfortable. This is a very personal undertaking and you need an attorney for estate planning that is sensitive to your needs and understands the process to prepare a last will and testament.
In order to make sure that your final wishes are properly memorialized in a document that is universally recognized by the courts in the state of California, it is a good idea to consult with an estate planning lawyer in Los Angeles. If you do not have a last will and testament drafted at the time of your passing, you will be considered to have died “intestate”. What that means is that any property you own at the time of your death will be distributed pursuant to the succession statutes set forth in the state of California. It is possible that your assets will be distributed in ways you had not contemplated or desired. In order to avoid this, you will need an expert to help you protect your assets and have your last wishes memorialized in a comprehensive last will and testament.