Frequently Asked Questions

A will is a legal document that outlines how your assets will be distributed after your death, while a trust allows you to transfer assets to a trustee to manage and distribute according to your wishes during your lifetime and after death. Trusts often offer privacy and the potential to avoid probate.

Yes, it is possible to create your own will or trust without an attorney's assistance. However, it is advisable to consult an attorney to ensure that your documents comply with California laws and address your specific needs properly.

In California, to be valid, a will must be in writing, signed by the testator (person making the will), and witnessed by at least two competent adults. (Reference: California Probate Code Section 6110-6113) 

A will or trust can be revoked or amended by executing a new will or trust that expressly revokes the previous one. Additionally, a will or trust can be revoked by physical destruction or a written statement of revocation. (Reference: California Probate Code Section 6120-6122)

1. If someone dies without a valid will in California (intestate), the state's intestacy laws will determine how the estate is distributed among heirs. (Reference: California Probate Code Section 6400-6414)

Yes, a will can be contested in California. Common grounds for contesting a will include lack of capacity, undue influence, fraud, duress, or improper execution. (Reference: California Probate Code Section 8250-8254) 

A living trust is a legal entity that holds assets for the benefit of beneficiaries during the creator's lifetime and after death. It allows for the smooth transfer of assets without the need for probate court proceedings. (Reference: California Probate Code Section 15200-15212)

Yes, you can name a minor as a beneficiary in your will or trust. However, it is advisable to create a trust to hold assets for the minor until they reach the age of majority. (Reference: California Probate Code Section 1500-1504)

A trustee has a fiduciary duty to manage and distribute trust assets according to the terms of the trust for the benefit of the beneficiaries. The trustee must act in good faith and with reasonable care. (Reference: California Probate Code Section 16000-16015) 

By transferring assets to a living trust, you can avoid probate for those assets since they are no longer considered part of your probate estate upon death.

The tax implications of creating a trust can vary depending on the type of trust and the value of assets involved. Consult with a tax advisor or attorney to understand the specific tax consequences.

In California, you generally have the right to disinherit a family member in your will or trust. However, spouses and certain other close relatives may have statutory rights to a share of your estate regardless of the will's provisions. (Reference: California Probate Code Section 21610-21612)

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