Creating a Will
San Jose Probate & Estate Planning Lawyer
estate planning process, a will may be the only document that you create in order to pass
down your family assets. A will, or last will and testament, is a legal
document that specifies how you want your property distributed after you
die. You are able to stay in control of your estate and ensure that your
family is given their fair share of the estate, even after you pass away.
By speaking with a
San Jose probate and estate planning attorney, you can discuss your options in the matter and get started immediately!
In addition to a
last will and testament, there are pour-over wills and living wills. A pour-over will is seen
as a safety net that ensures that any property you fail to transfer over to your
living trust during your lifetime will be transferred to your trust through the
probate process. It will transfer all non-trust assets to your trust that is not
controlled by beneficiary designations or by ownership with a joint tenant.
Your goal is to avoid probate by ensuring that your pour-over will controls
nothing. You must transfer all your assets to your trust during your life
to avoid probate. Your will is merely your backup to ensure that all your
assets are ultimately controlled by your living trust.
A living will is a document that informs your doctors whether you want
extraordinary medical measures taken. These extraordinary measures especially
include those that would cause you pain or discomfort, if those measures
would only prolong the dying process. This is an essential document to
any comprehensive estate plan as it 'backs up' the
advanced health care directive and eliminates such decisions to be made by your loved ones.
Speak with an attorney about creating a will!
Within the will, you are to appoint an executor who becomes responsible
for managing your affairs, distributing your property and settling any
debt that is owed. The executor is typically an individual that you can
trust and that has your best interest in mind. By selecting someone that
is not entirely trustworthy, this may cause disputes within the estate
and unhappiness amongst your loved ones once you pass away.
In order for estate administration within a will to begin, the will must
be determined as a valid document by a judge of the probate court. Once
considered valid, the process can begin. The judge will then appoint the
executor specified within the will to begin their duties.
As noted before, they will gather all of your property, pay any creditors'
bills and distribute your remaining property as specified within the will.
My goal within your will is to reflect your individual requests. By doing
so, you can feel safe in knowing that you family is protected and assets
Do you need an attorney to help you establish a will in San Jose? For legal
assistance in creating a will, contact the
Law Offices of Timothy D. Henry.