A will is a legal document that consists of instructions concerning the distribution of assets left by a testator (a person who makes the will). Here is a list of the most important questions to ask a lawyer about wills. The following information are merely guidelines – only an expert San Diego probate attorney can provide valid legal advice. Contact the Law Offices of Irina Sherbak at 858-208-8900 for detailed information.

What happens when someone dies without a will?

This is one of the first questions to ask a lawyer about wills. If a person passes away “intestate” (without a final will), the future of their assets lies in the State Probate Code, which directs the way the inheritance is to be distributed. This process takes time, and it comes with a risk that the assets distribution may not be executed as the deceased would have wanted.

Is making a will a complicated process?

The process of making a will is not complex, and it requires that two criteria are met:
1. A testator must be an adult. In the State of California, you can write a will when you are 18 or older;
2. Your will needs to be written in “sound mind”.
Confirming your testamentary capacity is an important step in the process of writing a will.

Do I need a lawyer to make a will?

Technically, you do not. Most importantly, you need to make sure the mentioned criteria for writing a will are met, and that two adult, disinterested witnesses are present to sign the document as well.

However, in the event a will contest arises after your passing, a lawyer’s presence in resolving the matter will be mandatory. Asking for guidance and legal advice before making a will can help avoid such complications.

What can cause a will do be contested?

Most commonly, the person who challenges the validity of a will is someone who expected inheritance, but received little or nothing at all. The reasons to contest a will can be the concerns about the will being forged, stating the will is not formally well drawn, signed or witnessed, or that the testator was mentally incapable of writing the will, or was influenced by a third party.

Whether the will is ultimately proven solid or held invalid, the process takes time and resources. An experienced probate lawyer can direct you how to protect your will from being contested.

Who can be named as an executor?

This is another common question asked about wills. There are several conditions an executor must fulfill, but other than that, it can be a family member, a close friend, your lawyer, or other third party.

How often do I need to update my will?

It is not necessary to update your will once it is ready, unless it needs to be changed due to related events (for example, a named beneficiary passed away, or you simply decided to name another one).

You’ve got more questions to ask a lawyer about wills?

If you need more detailed information and reliable legal advice about writing a will, don’t hesitate to contact The Law Offices of Irina Sherbak, and schedule a free 30-minute consult.