Contact a Lawyer For Estate Planning and COVID-19
A last will and testament are universally recognized as the legally binding document that sets forth the final wishes of an individual after they pass away. It sets forth the division of the testator's (individual pursuing the will) assets at the time of their death. It makes clear how the assets and possessions of the estate will be distributed among the beneficiaries. During this process, you should identify the executor, 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 lawyer in LA before drafting a will, which is slightly different from a living trust. Although both are important tools for estate planning, trusts are simply decisions as to how to transfer assets to trustees. Whereas a will is active after one’s death. If you have questions about how to distribute your estate after your passing, 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 during the pandemic. A legal professional 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 will, 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 legal document needs to be drafted. These are the requirements for the formation of the last will:
- 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 must be typewritten and witnessed by at least two adults
- A "holographic will" may be prepared by the testator in his or her handwriting and it must be dated and signed.
Among the many benefits is 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 identified along with an alternate executor in case the first choice is unable to perform their duties. Additionally, you can 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“.
Pursuing legal advice from an estate planning and COVID-19 lawyer to address your concerns is a wise move if you are considering drafting a last will. Many individuals draft one if they have health concerns or are simply preparing for a future beyond their passing. A lawyer 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 family law 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. They can also give you the steady hand that you need during these turbulent times.
A LA lawyer for estate planning during the pandemic will discuss your objectives and intentions so that you may compose a last will with which you are comfortable. This is a very personal undertaking, and you need a professional that is sensitive to your needs and understands the process to prepare a last will and testament.
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, a LA estate planning attorney will facilitate all communication, and guide you through the paperwork. If you do not have a will drafted at the time of your passing, you will be considered to have died “intestate,” meaning any property you own at the time of your death will be distributed according to the succession statutes outlined in the state of California. Your assets may be distributed in ways you had not contemplated or desired. To avoid this, rely on an expert to help you protect your assets and have your last wishes memorialized.
Quarantining has defied and challenged relationships across the U.S. As more couples spent forced time together at home, they ultimately decided to part ways. During a pandemic, it can seem like an extremely difficult thing to do, as the divorce process has changed with limited face-to-face contact. At Burns Law, we offer virtual meetings to help ease the stress associated with filing for divorce. Contact our attorneys to learn more.
A last will and testament are universally recognized as the legally binding document that enforces the final wishes of an individual after they pass away. Because it is a permanent decision, and your loved ones will not be able to make changes once it is in effect, It is advised that you consult with an attorney before you make a legal decision.
When you designate a beneficiary to your estate, you are entrusting them with your assets and finances after you pass. Beneficiaries who may legally inherit from you are:
- Spouse, children, and other relatives
- Friends and associates
- Charities and institutions
While it may seem like a straightforward process, there are a few complications you may face, and complications your heirs can experience down the line as well. Because composing your will, and designating a beneficiary is a sensitive matter, you should retain an attorney to help you plan.
As COVID-19 continues to progress, many have considered estate planning to protect their assets if something were to unexpectedly happen. There has been a lot of uncertainty about what life will look like post-pandemic, but you can certainly take advantage of this time to plan, finalize or update:
- Estate planning paperwork
- Healthcare directives
- Insurance policies
We understand that the future may look grim, as many continue to pass away from this deadly virus. But our attorneys can assure you, that we will work tirelessly to ease your worries and establish an estate plan that accounts for what you need and might be looking for.