What does that mean? Nominating a guardian at the last minute?
Today, I visited a client at Harbor-UCLA Medical Center to execute a Will. She was concerned about having the right person nominated as guardian for her two teenage children. She wanted her older daughter to serve as guardian and keep the kids together. She [...]
Estate Planning, Southern California Attorney
Category Archives: Wills
Nominating a Guardian At the Last Minute.
Can You Witness a Will and Still Take?
Can an interested party be a witness to a will? In other words, the will leaves you something and you are one of the witnesses subscribed to the will. Is the gift in the will to you invalid?
It depends.
First, a duly executed will is not invalid because signed by an “interested witness” (i.e., one who [...]
Great Example from Mass. About Don’t Do It Yourself Wills
A recent case ruling from Massachusetts shows why you should not attempt to do your own estate planning including Wills and Trusts.
The man who died bequeathed 1/5 of his home to 5 people — one being his wife and the other 4 being his kids. Did he intend for a life estate for his [...]
Heir Advances and Heir Search Firms.
There are companies out there that will advance money to heirs (folks about to receive money from an estate) before the estate is ready to close and the funds distributed.
Google "advancing money to heirs" to see a slew of companies offering this service. Generally it is not a good thing — they charge money [...]
Naming Guardians for Minor Children.
Did you know that a Will is the only document where you can nominate guardians for minor children?
Did you also know that Anna Nicole Smith’s Will failed to nominate guardians for all of her minor children and that she only nominated a guardian for her son Daniel? By only nominating a guardian for her son [...]
Pour-Over Will Provision.
A pour-over Will is a companion or a back-up to a Living Trust. If you have property outside of your Living Trust when you die and it should be in your Living Trust, the pour-over Will will transfer this property into your Living Trust.
If a pour-over Will must be used, a probate estate must [...]
Anna Nicole’s Will Should Have Been Updated.
The headlines in the news for the past week focused on the untimely death of Anna Nicole Smith. One major topic of discussion was her Last Will and Testament and how it disinherited after born children.
Without picking apart what is wrong with the Will from a drafting standpoint … she violated one of the tenets [...]
Reading Wills?
Remember those old movies?
You know, where they read a Will outloud after the demise of a very rich uncle with the greedy heirs sitting with a bated breath to learn of their newly acquired fortune.
This is rarely, if ever, done in real life according to an informal survey of estate planning attorneys across the [...]
Choose Your Kids’ Guardians Now.
All parents should have Wills drafted to protect their youngest family members. A Will is the only document where you can nominate guardians for your minor children in the event both parents pass away at the same time.
If you are not married to your child’s other parent, the surviving natural parent will either assume [...]
California Statutory Will.
The State Bar of California has a "fill-in-the-blank" Will form if you would like to create your own Will today.
You can complete the form following the instructions, sign it in the presence of two witnesses and have your witnesses sign the Will where indicated. The State Bar also has a FAQ for the "fill-in-the-blank" [...]
