WHAT IS A WILL?
A will is a set of instructions left by a person who is deceased as to how to distribute his or her assets. In this document, an executor is named to handle the responsibility of collecting the assets, paying the creditors, and distributing the estate assets with Court approval. Attorneys at Sirkin Law Group have over 22 years of experience preparing wills and administering them in probate courts in Los Angeles Ca.
WHAT IS THE THRESHOLD FOR PROBATE?
In California, if the non-beneficiary assets of the person are at $!50,000 and above, the will must be probated. Ask us what is subject to the $150,000. If all assets fall below $150,000, then the assets may be collected by an Affidavit of Small Estate in California. The $150,000 is comprehensive, it includes real property and personal property, which does not have a beneficiary, and whites not in a trust.
WHAT KINDS OF WILLS ARE THERE?
There are several different kinds of Wills:
1. Holographic Will: This type of will is entirely written in the decedent’s handwriting, signed and dated.
2. Statutory Will Form: This type of will can be used in limited situations where there are no beneficiaries who are disabled, and where there is no trust. This type of will does not provide for too many alternatives and has limited use.
3. Attorney Prepared Will: A general will has to be witnessed by at least two witnesses in California. Attorneys will question their clients regarding beneficiaries’ abilities and disabilities. An attorney drafted will is flexible in that it can provide for many different alternatives.
4. Pourover Will: This type of will comes with a trust. It is a catch all for a trust in the even the decedent has left an asset out of the name of the trust and without a beneficiary designation.
To find out more about the various types of wills available for your special situation, call the lawyers at Sirkin Law Group, P.C. in Los Angeles, Glendale, Woodland Hills and Pasadena Ca. We have a specialist on staff to assist you with an situation involving wills in California.
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