What You Need to Know!
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David A. Casey - Attorney 365 Broadway, Suite 203 El Cajon, California Telephone (619) 447-6780 - E-mail: Familylaw1@aol.com |
WHAT IS THE PURPOSE OF A WILL? The purpose of a will is to ensure that your estate is distributed to the people you want to have your property after your death. If you die without a will, your estate will be distributed by the rule of intestate succession. In other words, the laws of the state will govern to whom and how your estate is distributed. Also without a will, the court could order posting a bond and other costs that can eat into your estate. Even if you have a trust you should have a will.
WHO CAN A MAKE A WILL? Any person who is 18 years of age or over and is of sound and disposing mind and memory, and is not acting under fraud, menace, duress or undue influence.
WHAT KINDS OF WILLS ARE THERE? There are several types of wills. However, I will only discuss the two most popular types, a HOLOGRAPHIC will and a FORMAL WILL.
WHAT IS A HOLOGRAPHIC WILL? A holographic will is a will written entirely in the testator's OWN handwriting. Like all "wills" it must be signed and should be dated. What are the common problems with this type of will? The problem with most holographic wills is that the testator's intentions are not clearly stated, or correctly stated to allow the court to properly distribute the estate. Also, many times the will is not signed, or there is a dispute if the will is actually the testator's writing. It is my opinion, as an attorney, a holographic will is the easiest to contest.
WHAT IS A FORMAL WILL? A formal will is normally typed and then signed by the testator in the presence of at least two witnesses, who also signs the document and who are NOT possible beneficiaries of the estate.
HOW DO I OBTAIN A FORMAL WILL? Even though formal wills can be written and typed by anyone, only an attorney can ensure that your wishes are carried out by properly following all of the formal requirements in this type of will. So sound advice is to seek an attorney.
DO I REALLY NEED AN ATTORNEY TO MAKE A WILL? How much do you think it's worth to have the peace of mind that your estate is going to go to the party(ies) whom you wish to receive it? You don't have to have an attorney, but if you want the comfort that your estate will be distributed the way you want upon your death, you should consult an attorney.
WHAT DO YOU CHARGE FOR A WILL?
Simple wills without a trust - $100.00 with up to a twenty minute consultation and questionnaire filled out by client.. Complex wills with children from more than one relationship at charged at $75.00 for each additional child. Large estate wills for assets over one million dollars, please call for a quote.
WHAT SERVICES DO I RECEIVE WHEN GETTING A WILL?
You receive a twenty-five minute consultation. After the information has been provided, my office prepares a nicely printed document that will distribute your estate as you wish. A copy of your will is kept on file for future reference. PLUS, the most important aspect is peace of mind knowing your will is done right.
WHAT IS PROBATE?
Probate involves the distribution of the estate of the testator. The debts, taxes, and other expenses are paid, and the beneficiaries of the estate receive title to the testator's real and personal property.
MUST ALL ESTATES BE PROBATED? - - - - -NO! Many estates do not have to go through formal probate. It may be possible to transfer some of the property outside of probate, OR the estate might fall under the requirement of a "Small Estate" which saves attorneys fees and a considerable amount of time.
HOW LONG DOES IT TAKE TO PROBATE AN ESTATE? The length of time varies considerably. In most cases, it takes between 9 to 14 months. It depends if property has to be sold, or if it qualifies under a small estate, etc. Another major factor is the requirement of probate and the statutory requirements. After having all the facts, I can give you an estimate. Keep in mind, I want your estate to close as quickly as possible. Remember my office does not normally get paid unless the court sees fit until the close of probate. This in many ways assures you that I will do everything possible to close probate as soon as possible.
WHAT WILL PROBATE COST? The probate fee charged is clearly stated in the retaining agreement by my office. There is NO RETAINER FEE IS REQUIRED to probate an estate, in other words you will not have to pay the attorney any up front money since the fees will come out of the estate. Most of the time, the "cost" of filing the probate matter will be advanced by the attorney, and taken out of the estate at the final accounting of the estate.
DO I HAVE TO FILE ALL THE PAPERS IN SUPERIOR COURT FOR THE ESTATE? NO! This is part of the attorney's services for the client. In probate. there is a lot of paperwork and sometimes many court appearances. Again, if you retain my services, all the legal work for the specific action you want, will be provided.
Be sure to read the disclaimer for this website. This website is for informational purposes only. NO legal advice shall be construed by reading the information provided here or in the informational booklets/pamphlets. Buying any informational booklet does NOT create any attorney/client relationship. After a retainer agreement has been signed by the perspective client and attorney, then representation commences.
DON’T WAIT UNTIL YOUR SITUATION GETS OUT OF HAND!
For further information and consultation CALL 619 447-6780, e-mail or fax your request for an appointment TODAY at the Law office of David A. Casey.
