Santa Ana, California Wills Attorney
Assisting Individuals and their Loved Ones in Santa Ana with Drafting a Concise and Complete Last Will and Testament
In the State of California, if you die without having a valid will or trust in place, your assets, including any real property which you hold, will be distributed in accordance with the California laws surrounding intestate succession. Property distribution in this instance can take a long time, and the State will be the one to make a determination about who receives what – based upon a survivor’s familial relationship with you.
Having a valid will in place, however, firmly establishes how a decedent’s assets will be distributed and to whom they will go following the decedent’s death. Consequently, it is extremely important to have a well-written will in place, so that there is absolutely no ambiguity.
If you are in the process of formulating your last will and testament, it is important to have an experienced Santa Ana, California wills attorney by your side assisting you throughout the process. Attorney Roshni T. Desai of the Law Offices of Roshni T. Desai can assist you with drafting a well-written will that accounts for all of your assets and liabilities and which offers your loved one’s peace of mind.
Requirements for Making a Will
The State of California imposes several requirements for individuals – called testators – who make a will. First, the testator must be at least 18 years old at the time. Moreover, at the time he or she makes the will, the testator must be of “sound mind.” In other words, the testator must be deemed mentally competent under the law and must ordinarily not suffer from a mental disorder that causes hallucinations or delusions.
In addition, for a will to be valid in California, at least two individuals must witness the will. Likewise, oral wills are not allowed in the State. In order for a will to be valid, it must be reduced to writing, and the testator must sign it. If the testator is physically or mentally incapacitated to such an extent that he or she cannot physically sign the will, then the testator’s duly appointed guardian or conservator could fill in. Finally, a holographic will – otherwise known as a handwritten will – is allowed in the State of California because it complies with the writing requirement. An undated holographic will, however, could present a problem and might be deemed invalid under some circumstances.
Contact a Santa Ana, California Wills Attorney Today
Drafting and executing a will that is both complete and comprehensive can be a difficult task without the assistance of an experienced attorney. Attorney Roshni T. Desai of the Law Offices of Roshni T. Desai could help you draft a will that is both complete and concise – and which makes all of the necessary provisions for asset distribution following your death or incapacity. To schedule a free consultation and case evaluation with a Santa Ana, California wills attorney, please call us at 714-442-2340 or contact us online for more information.