Every one asks this question at some time in their life. The answer is "yes" because it makes taking care of your possessions easier for the loved ones you leave behind. They will be grieving, and will appreciate your efforts to give them direction and clarity.
No. In order for a will to be valid in California, it must be signed by not less than two witnesses who are in the same room with you when you sign it and acknowledge that they saw you sign it. It is best to use specific language in the witness section, to avoid the witnesses having to come to court to prove up the will later on.
Yes. A valid holographic will is one that identifies the document as your last testament, is in your own handwriting (or printing), is signed by you and dated, and states what you want to have happen to your property after your death. These are often contested in court, however.
Maybe. A trust will help avoid probate. Probate can be lengthy, expensive and your estate plan will become public record. If you want to avoid probate and you have property worth over $166,250.00 as of 2020, then you should consider establishing a trust. If you have your property titled in a trust, you can name yourself as the trustee, but name another person to take over as successor trustee after you. You can instruct the successor trustee exactly how to run your trust, including instructions to take care of you if you beome ill. Many people who own real property prefer to have a trust than a will alone.
Yes. Your family, friends and physicians need to know how to care for you in case you are no longer able to communicate your health care preferences.
As As our population ages, there are more aggressive and imaginative ways for abusers to prey upon the elderly, for instance:
- Caregivers and family members stealing checks or obtaining gifts that the elder does not want to give or talking the elder into making them the beneficiary of their will.
- Unethical contractors taking deposits for work that is never completed.
- Telephone and e-mail solicitors requesting money.
- Unethical annuity and investment seminars using pressure tactics or half-truths.
- Fake lottery and sweepstakes scams.
- There is a growing array of legal resources to protect our seniors from physical, emotional and financial harm.