Estate Planning Archives - Page 14 of 22 - Lonich Patton Ehrlich Policastri

What is Probate and Why Should I Avoid It?

February 21, 2014/in Estate Planning, Probate /by Michael Lonich

Probate is a court process that is known for being time-consuming and expensive. It is also a public process that makes personal information about your assets and debts part of the public record. If you die without a will, the probate process can be a nightmare for your family. However, even if you have a well-written will, the probate court still must oversee the payment of your debts and distribution of your property. These are just a few of the reasons why many people want to avoid sending the estate, and oftentimes their family, through the probate process after their death.

To avoid the probate system entirely, you will need to use an estate planning vehicle other than a will to transfer property after your death. For example:

Life insurance: Life insurance policies generally pass outside of probate as long as there is at least one named beneficiary.
Retirement accounts: Similarly, retirement accounts, including IRAs and 401(k) plans, pass outside of probate as long as there is at least one named beneficiary.
Joint tenancy real property: If you own a home with your spouse (or any other individual) as joint tenants with right of survivorship (as opposed to tenants in common), your ownership interest will be “extinguished” upon your death and the remaining owner will own the property outright as a matter of law.
Joint tenancy bank accounts: Bank accounts may also be held in joint tenancy so that when one spouse (or account holder) dies, the other spouse (or account holder) is automatically the sole owner of the account.
Pay-on-death accounts: Selecting a pay-on-death beneficiary for bank accounts or investment accounts allows you to designate who your accounts will be transferred to upon your death without the need for probate.
Trusts: A living trust is a legal document that, much like a will, contains instructions for what you want to happen to your property when you die. But, unlike a will, a living trust can avoid probate at your death. While you place your property and assets (i.e., your family home) in the trust, you maintain control over all trust assets during your lifetime. When you are no longer alive, your property can be transferred to your designated beneficiaries in a timely manner without going through probate.

Trusts are a favorite of estate planners because they are simple, flexible and effective. Trusts can be used to easily transfer property to family members or charitable organizations at death. In some circumstances, trusts can also be utilized to decrease or minimize estate taxes.

If you would like to learn more about trusts or avoiding probate in general, call Lonich Patton Erlich Policastri to schedule a free half-hour consultation. Our attorneys are passionate about estate planning and have decades of experience handling complex estate planning matters, including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

How to Keep the Family Baggage Out of the Family Business

February 20, 2014/in Business Law, Estate Planning /by Michael Lonich

Family businesses are often the pride and joy of the entrepreneurs who created them – especially if the business has flourished and has been passed down for multiple generations. However, no matter how successful a company is or how many generations it has survived, conflicts can significantly undermine the company’s continued success. Some of the reasons many family businesses run into conflict are over:

Company Resources: Money, money, money. Historically heralded as the root of all evil, money is often at the root of all family business troubles. Resources are limited and folks must be compensated, leaving plenty of opportunity to squabble over nickels and dimes.
Company Strategy: Strategy is a substantial part of running a successful business. Without a similar outlook with regard to strategy, the business will remain at a standstill. Sometimes, discussions regarding strategy will cause disputes because one family member may believe that Strategy A is the best course of business, whereas another family member vehemently believes that Strategy B is far superior.
Company Values: Often times, interests and values will change over time, and family members from different generations will value different aspects of the business. Family members running a family business must have the same outlook for the company and aim to reach the same goals. Otherwise, the business will remain stagnant until these differences are resolved.
Company Rivalry: Just like sibling rivalry is very real, so are rivalries within a family business – so much so that the best interests of a company can take a backseat to upstaging a competing family member.

So with all these possible issues of contention, how can a family successfully run a family business without the family baggage? Here are some options to consider implementing:

Appoint independent directors: Having independent directors will ensure that someone with an objective perspective is monitoring the family and offsetting any improper family influences. The family will monitor management, and this independent third party will monitor the family.
Hold regular family meetings: Don’t wait for issues to arise before scheduling a meeting – have them regularly and in taking such preventative measures, perhaps some conflicts can be avoided altogether. Specifically include shareholder sand those who influence the decision-makers.
Evaluate performances: By evaluating performances, the business can have an objective look at how employees are performing (or not performing). This ensures that employees are promoted and compensated not for their familial relationships, but for their commendable performance.
Talk to a professional: Have a professional evaluate your family business – perhaps they can help your family build a business succession plan and help resolve other issues involved in your family business.

Business succession planning is a highly complex area of law. If you have any questions regarding your family-owned business, please contact the experienced business attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex business succession matters and we are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source: http://www.bizactions.com/n.cfm/page/e110/key/254350972G1005J3585631N0P43P2122T3/

Wise Beyond His Years: Paul Walker’s Estate Plan

February 13, 2014/in Estate Planning, Probate /by Michael Lonich

Paul Walker was not known for being one of the more prolific or intelligent actors of his era. Even so, the young actor made some sharp estate planning decisions during his short life, probably due to top-notch legal advice. Even so, his estate plan could have been better. Regardless of whether your estate is anything like Paul Walker’s $25 million estate, there are some great lessons* to be learned from Mr. Walker’s estate plan.

The Good

Paul Walker died at the much-too-young age of 40. However, he was smart and recognized that even young people need estate plans. Walker signed his will at 28 years old—an age when most young men still believe they are invincible. He should be commended for taking control of his future for the benefit of his loved ones. Walker realized that accidents happen, and he was prepared. You should do the same.

Walker was survived by his 15-year-old daughter, Meadow, and he privately provided for her future with a trust. Unlike a will that must be processed through the state court system, trusts are completely private and avoid the onerous probate process. Trusts are relatively easy to create, are protected from public scrutiny, and most importantly, can help your loved ones get the assets they need much faster than in the case of a will.

The Bad

Although it is great that Walker named a guardian for his minor child (he named Meadow’s grandmother—his mother), he should have updated his choice with the passage of time. In 2001, his mother was 13 years younger and probably the most appropriate option. However, today, a younger family member could have been a better option in the event that his mother was not up to the task or physically incapable of being Meadow’s guardian.

Walker had both a will and a trust, which was smart at the time. Nevertheless, when he first created those documents, Fast and Furious had not become the monstrous success it is today. His financial picture has changed and his estate planning documents should have reflected those changes. Over a decade ago, he probably had no idea how much money he would be leaving his daughter; he couldn’t have. Furthermore, Walker’s estate will have to cover significant tax obligations before his beneficiaries receive their share; this obligation could have been avoided or reduced with some creative estate planning and trust creation.

The Ugly

Walker’s long-time girlfriend, the woman he reportedly wanted to marry, was apparently left with nothing. Boyfriends and girlfriends have no legal relief in this sad scenario, and it happens far too often. It goes without saying that Walker would have wanted to take care of his girlfriend for the rest of her life. However, since he failed to update his estate plan, she probably will not receive a penny.

You should consider your estate plan to be a living and breathing document; when your life changes, your estate planning documents should change along with it. This is why having a great relationship with a reputable estate planning attorney is so important. If you are interested in creating an estate plan or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including living wills and trusts, and we are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*Post inspired by: Danielle and Andrew Mayoras, “Five Estate Planning Lessons From The Paul Walker Estate,” from Trial and Heirs: The Legacy Experts. Find the original article here: http://trialandheirs.com/blog/celebrities/paul-walker-estate-good-estate-planning-lessons

What to Prepare Before Meeting Your Estate Planning Attorney

January 30, 2014/in Estate Planning /by Michael Lonich

So you’ve decided to set up an appointment with a trusted estate planning attorney – now what? There are a few things you should consider before visiting your estate planning attorney in order to make best use of your initial consultation. They include:

Know your family members.
- Though it sounds rather obvious, really know your family: your spouse’s Social Security number, your children from your previous marriages’ birthdays, when your former marriage ended, your ex-spouse’s children, and so on.
- Do you have a prenuptial or post nuptial agreement? If so, you’ll want to bring a copy with you to your appointment.
Know your assets and debts.
- Real property, stocks, bonds, and savings accounts.
- Do you own a business? Know what type of business you own (sole proprietorship, limited partnership, limited liability company, or corporation) and any agreements or licenses associated with the business.
- Have an idea of the value of your personal property: automobiles, boats, planes, artwork, jewelry, coins, and other valuable items.
- Assets include retirement benefits and life insurance.
Know who you intend to be your beneficiaries.
- This is arguably the main purpose for meeting with your estate planning attorney – so the attorney can help you put in writing who you’d like to have your property when you pass. Know who you want to take your real property, your personal property, your cash, your stock options, and so on.
- Conversely, know who you don’t want to take your property. When your will is probated, you want no room for question as to whether a beneficiary was not included because you forgot about them (and you actually meant for them to inherit certain property) or rather, the beneficiary was rightfully not included because you intended to leave that individual out.
Know who you want your trustee, child guardians, property agent, and healthcare agents to be.
- This is one of the most important components of estate planning. These individuals will help execute your will or help make end-of-life decisions for you should you become unable to do so. Take good care in who you choose to appoint to these positions, and be sure to advise them of their role so they can best prepare themselves and know what choices to make if and when they need to make them for you.

Estate planning is a highly complex area of law. If you are interested in creating an estate plan or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including living wills and trusts, and we are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

End-of-Life Directives: Will You Consider My Religious Beliefs?

December 19, 2013/in Estate Planning /by Michael Lonich

Advance directives are not typically a favorite dinner-table conversation subject – but ultimately, preparing an end-of-life directive is in each of our best interests and it is critical to have one in place. An advance directive allows you the opportunity to give direction regarding your care, whether through a living will or a Durable Power of Attorney for Health Care. Both of these instruments state your intentions about your end-of-life care, either through a document (living will) or an individual of your choosing who will have the legal authority to make health care decisions should you not be able to do so yourself (Durable Power of Attorney).

Often, religious beliefs are a substantial consideration in drafting an advanced directive. Your religion may have a strong position on various circumstances. For example, how does your belief system handle artificial nutrition and hydration (ANH)? What about individuals in a permanent vegetative state (PVS)? What about resuscitation? What about life-prolonging procedures? As such, some important considerations arise when approaching end-of-life decisions, including:

Artificial Nutrition and Hydration (ANH): This procedure is commonly known as “tube-feeding,” administered through the nose, throat, esophagus, chest, stomach, or intestine. Sometimes, these procedures will require surgical insertion. At what point do you wish for these procedures to end?
Permanent Vegetative State (PVS): A diagnosis of PVS can be made when it is impossible by medical expectations that an individual’s mental condition will ever improve. In your advance directive, you should state what you wish to be done should you be in a PVS.
Resuscitation: When an individual’s circulation stops, death occurs. Unless circulation is restarted quickly, the individual will pass away. One of the decisions you should make in your advance directive is whether you want to be resuscitated if your heart stops.
Life-Prolonging Procedures: Some procedures (i.e. dialysis, chemotherapy, invasive surgery) may be judged morally extraordinary or disproportionate if they offer no true benefit to the patient. However, you may feel strongly that these procedures should be done. In your advance directive, it is important to define your intended time limit before starting a treatment.

At Lonich Patton Erlich Policastri, our clients come from a diverse set of backgrounds and we understand how their end-of-life decisions can be strongly influenced and shaped by their belief systems. Our experienced attorneys are knowledgeable about current estate planning laws and are equipped to help you create advanced directives that are consistent with your religious teachings and that will honor your true wishes when the need arises. If you have any questions regarding your current advanced directives or are interested in developing a new plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters and are more than happy to meet with you for a free, 30-minute consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Creating a Will: Say What You Mean

November 4, 2013/in Estate Planning /by Michael Lonich

Writing a will has got to be easy. You just list your property and decide who receives what, right? Not necessarily. In reality, the process of writing a will is not that simple. Generally, a will is only interpreted once the author is no longer with us; if the language of your will is unclear, or your loved ones believe that you didn’t really mean what you said, chaos can ensue.

For example, in one California case,* a woman created a handwritten will that left a ten dollar gold piece and her diamonds to her niece. Everything else that she owned, all real and personal property, was left to a close family friend—and Roxy, her Airedale Terrier. Since property cannot be left to an animal, the author’s loved ones took the will to Court. The family friend argued that the deceased intended to leave all of her real and personal property to him, while the niece argued that she should get Roxy the terrier’s half as the deceased’s sole heir. Since the document itself was silent as to what she wanted to happen in this situation, the Court had to determine what the author meant to say.

If the Court determines that, after looking at the facts of your case, the language of the will is susceptible to two or more meanings, outside parties are allowed to present evidence to prove what the author meant to say. This means that the author of the will loses control over the document. In the case mentioned above, the family friend received half of the property and the niece received the other half. It is anyone’s guess as to whether the deceased would be happy with that result.

If you want to avoid that type of loss of control, it is best to speak to an attorney. An experienced estate planning attorney can help you develop a will that is clear and unambiguous. Also, an attorney can help you determine what will happen if your chosen beneficiary passes away before he or she can receive the property. There are many situations that can complicate the way your will is interpreted, and it is best to think ahead and be prepared.

Wills can have a lot of moving parts; make sure you get the best advice possible. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*In re Estate of Thelma L. Russell, 69 Cal.2d 200 (1968).

YouTube PSA from the Santa Clara DA’s Office: Is an Annuity Right For You?

October 16, 2013/in Estate Planning, Family Law /by Lonich Patton Ehrlich Policastri

The Santa Clara County District Attorney’s Office has just released a YouTube Public Service Announcement regarding annuities – complex insurance investments that are often misunderstood and aggressively marketed to seniors.

In this 5-minute video, Assistant DA Scott Tsui, Deputy DA Janet Berry, and DA Jeff Rosen warn seniors about the financial perils that can result from annuities. Often, “free financial planning seminars” are targeted towards seniors but in the end, the old adage holds true – there’s no such thing as a free lunch. In fact, Tsui cautions that “annuities are not necessarily safe, not necessarily smart, and they are never free.”

Berry reminds us that the insurance agents who sell annuities have no duty to ensure that the process is the smartest idea for the folks who purchase them. In fact, if the insurance company goes out of business, you’ll lose all the money you’ve invested with them. Because of the risks involved, Berry offers the following list of details to be mindful of when considering purchasing annuities:

Make sure the insurance broker is licensed.
Do not sign documents at the presentation.
Do not leave your documents behind.
Talk to someone you trust – perhaps an insurance agent you already have, or someone else who can give you an unbiased opinion.
Even if you’ve already signed the agreement, you have 30 days to walk away. If you have any misgivings, exercise this right.

Ultimately, the DA’s Office warns seniors to be vigilant and pay attention to the red flags associated with annuities – after all, you’ve worked hard for your savings and the decision to invest that hard-earned money ought to be informed decisions.

If you have any questions regarding your retirement investments, are interested in developing an estate plan, or are interested in reviewing your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters and are more than happy to meet with you for a free, 30-minute consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

You Only Die Once: How To Avoid Gandolfini’s Estate Planning Errors

August 8, 2013/8 Comments/in Estate Planning /by Michael Lonich

Poor James Gandolfini. Actually, poor everyone involved in the Gandolfini case. That is, except for the IRS. Due to the fact that Gandolfini (of The Sopranos’ fame) had some major missteps in creating his estate plan, the IRS could easily be the lucky recipient of up to 55% of his $70 million estate, leaving little left for his wife and daughter.

We can’t fault the guy too much—at least he had a will to speak of. However, he is probably the victim of bad advice because his will really is what everyone says—a tax nightmare. His will left 80% of his estate to his sisters and infant daughter, which doesn’t sound terrible, but it actually is. Gandolfini could have left 100% of his estate to his wife tax-free by taking advantage of the marital deduction. Instead, the widowed Mrs. Gandolfini will only be left with something in the neighborhood of $10-14 million. Sadder still is that the federal government will walk away with $30 million of what Gandolfini’s daughter and sisters were promised. The worst is that this could have been easily avoided by putting the proper documents in place.

How exactly, then, does one go about creating an iron-clad estate plan? Foresight is first and foremost, obviously. Beyond that, however, here are some great steps Gandolfini could have taken* that would have saved his family millions:

Use trusts to protect your family and your privacy. Trusts don’t have to be complicated (they can be as simple as a common will), but they can really pay off since trusts are private. By having a will, your family will be forced into Probate Court and your will is going to become a part of the public record. Even if you are not in the public eye, your family will appreciate the simplicity that trusts can offer as they grieve.
Remember that tax implications will make a difference. Even if you are not a Sopranos star, you should have taxes in mind. Otherwise, you may be giving your hard earned money away to the government when you’d really like your family to enjoy it. By setting up various trusts or by leaving the lion’s share of his estate to his wife tax-free, Gandolfini could have instructed either the trustees of his trust or his wife to make small cash gifts to various named individuals over time (the government allows each person to give $14,000 per year per person untaxed). By giving large lump sums of cash to individuals that were not his spouse, Gandolfini opened the door for the devastating 55% death tax.
But Remember, Taxes Aren’t Everything. Like Gandolfini, if you want to give a large sum of money to a non-spouse, taxes might be inevitable. However, by working with a knowledgeable estate planning professional, there are ways to make sure your family will get the best bang for your buck perhaps by moving funds through a trust which will disperse money as necessary for living expenses, education, and travel without the pain of estate taxes.
Take The Age of Your Child Into Consideration. Does your eight-year-old know what to do with $10 million dollars? Of course not, and she probably won’t know how to invest her money or protect her wealth at age 16 or 21, like Gandolfini’s daughter, either. There are ways to set conditions on how and when your beneficiaries can receive their wealth. Perhaps you can add a clause to your will or trust which states your child can receive part of their inheritance for college expenses but will receive the remainder after graduation. With a trust, you can leave the tough decisions and investment strategy up to an experienced trustee who may be able to stretch your child’s inheritance further than you ever imagined.
Foreign Property Can Be Complicated. Gandolfini’s wish was to leave a fifty percent interest in his Italian property to each of his two children. However, Italian inheritance laws may trump American laws in this situation, forcing a share of the property onto his wife. Of course, this outcome could be worse, but it is imperative to get sound local advice so that you cover your bases incase foreign law comes into play.

This abbreviated list highlights the sticky issues that can come about if your estate plan is incomplete. You’ve spent your life working hard for your money; do what you can now to make sure your money is available to provide for your loved when you no longer can.

Estate plans can have a lot of moving parts; make sure you get the best advice possible. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters including wills and living trusts. If you are interested in developing an estate plan or reviewing your current estate plan, contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*Originally found on Forbes.com, “6 Estate Planning Lessons From James Gandolfini’s Will,” used with permission by author Robert W. Wood found at: http://www.forbes.com/sites/robertwood/2013/07/20/key-lessons-from-james-gandolfinis-will/

What Happens to Your Facebook Page When You Die?

August 2, 2013/in Estate Planning /by Michael Lonich

Have you ever wondered what will happen to your Facebook page after you die? Or any of your other social media outlets, for that matter? Who can “retweet” from your Twitter account when you pass away? Who can access your Flickr photo albums? Who can look through all those old emails you saved? What about those photos you set on private – can that content still be downloaded?

Facebook has over 650 million users, Flickr hosts over 6 billion images, and Twitter users collectively “tweet” over 95 million times per day.* Although the executors of wills and estates have been around for centuries, digital will executors are also becoming more popular, as our lives now heavily involve (and often, revolve around) social media and technology. With an ever-increasing internet presence during our lifetimes, a new concern arises: our internet presence after our lifetimes. Just as a traditional will dictates where our property is dispersed following death, a social media will is a useful tool to help our loved ones determine how to dispose of our digital assets after we pass.

The United States government’s blog** suggests the following steps to consider when creating your social media will:

First, compile a list of all your digital accounts. Your digital accounts include email accounts, social networking accounts, photo accounts, bank accounts, and video accounts. You will need to provide enough information for an executor to access these accounts – this includes sensitive information including usernames, passwords, and pin numbers.
Second, write a clear statement of how you want your online identity to be handled. Your social media will operates much like a traditional will by allowing an executor access and power to handle your digital assets in the way you choose. For example, perhaps you want a certain account closed entirely, another account partially accessible, and another placed on private settings.
Third, appoint your digital executor. Find a trustworthy individual to be responsible for closing or maintaining your accounts. This individual also needs to have access to a copy of your death certificate because many websites will need to verify the executor’s power to act on your behalf.

Unfortunately, (or perhaps fortunately), nobody knows when they will need their digital assets managed for them. Therefore, much like a traditional will, the best time to put things in order is now – so that when the time comes, your executor will be able to carry out your “digital after-life” in precisely the way you want. If you are interested in managing your digital assets or appointing a digital will executor, please contact our experienced estate planning attorneys at Lonich Patton Erlich Policastri. Our attorneys have decades of experience handling complex estate planning matters, including wills and living trusts, and we are more than happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

* http://www.searchenginejournal.com/the-growth-of-social-media-an-infographic/32788/

** http://blog.usa.gov/post/22261234875/social-media-will

Can A Will Written on a Tablet Be Valid?

July 30, 2013/in Estate Planning, Probate /by Michael Lonich

Apparently so, according to Ohio Probate Judge James Walther. Last year, Javier Castro needed a blood transfusion but chose to refuse the health care because of his religious beliefs. Unable to find a piece of paper and pen, Castro wrote and signed his will with a stylus on his Samsung Galaxy tablet while his brothers watched – and it’s valid. Judge Walther explained that Ohio law requires wills to be written, signed, and witnessed (much like in California) and technically, Javier’s electronic will met each of those requirements. Does this mean you should consider drafting up a will on your tablet right now and forego that visit to your estate planning attorney? Probably not.

The requirements for a valid will in California are quite similar to those in Ohio. In California, a will must be in writing, signed, and witnessed by two individuals in the presence of the testator.* However, unlike in Ohio now, there is limited case law regarding the validity of electronic wills. In fact, very few states have addressed the issue.**

You might be wondering: so many aspects of our lives nowadays are electronic – from bills to communication devices – so why shouldn’t my will be electronic as well? Why are there so many guidelines to creating a proper will? Having an appropriately designed and executed will ensures your wishes are carried out in the manner you intended them to and decreases the possibility of fraud. With little to no law to rely upon, until the California legislature develops a statute addressing what is required of an electronic will, it would be anybody’s guess whether your Samsung tablet will would be considered valid and probated in this state. Therefore, until that happens, it would be prudent to continue creating your will the traditional way – with your estate planning attorney.

If you are interested in creating an estate plan or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including living wills and trusts, and we are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

*Cal. Prob. Code §§ 6110 – 6113.

**Nevada is one of the few states that have statutes concerning electronic wills (http://statutes.laws.com/nevada/title-12/chapter-133/execution/133-085).

What is Probate and Why Should I Avoid It?

How to Keep the Family Baggage Out of the Family Business

Wise Beyond His Years: Paul Walker’s Estate Plan

What to Prepare Before Meeting Your Estate Planning Attorney

End-of-Life Directives: Will You Consider My Religious Beliefs?

Creating a Will: Say What You Mean

YouTube PSA from the Santa Clara DA’s Office: Is an Annuity Right For You?

You Only Die Once: How To Avoid Gandolfini’s Estate Planning Errors

What Happens to Your Facebook Page When You Die?

Can A Will Written on a Tablet Be Valid?

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