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What is a Will?

A Will directs the smooth transition of your assets to beneficiaries after your demise. It is a legal document that communicates your wishes regarding the distribution of your property and becomes irrevocable upon your death.

In California, there are three types of Wills. Regardless of the type of Will you decide to use, the will should be solely yours. The will should not be joint with anyone.

The three types of Wills are:

HOLOGRAPHIC WILL

This is also called a hand-written Will and must be completely written in your own handwriting. You must sign and date the Will. It must be legible and must explicitly specify what you intend to leave and to whom. A holographic will does not need to be notarized or witnessed. 

STATUTORY WILL

This is a “fill-in-the-blanks” Will form. This form is designed for individuals with relatively smaller estates. This can be downloaded from the internet or most legal websites for free. See the Statutory Will blog for more information, including its advantages and disadvantages.

ATTORNEY PREPARED WILL

An experienced Estate Planning attorney can advise and guide you through the numerous ways your assets can be transferred to your heirs and loved ones. It is vital the Will conforms to California’s laws or else the Will will be invalid and void. California’s laws concerning the validity of a will and the drafting procedure are unique. As a result, it is highly recommended that you consult a qualified Estate Planning attorney if contemplating to make a Will.

If you would like to talk to an experienced Estate Planning attorney, contact the Law Offices of Antoniette Jauregui.

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