The Dos and Don’ts of Creating a Last Will and Testament

Creating a last will and testament may not be at the top of your to-do list, but it’s one of the most important steps you can take to protect your family and your assets. A will ensures that your wishes are carried out after you pass away, helping to avoid confusion, disputes, and unnecessary stress for your loved ones. 

But writing a will isn’t as simple as jotting down who gets what on a piece of paper. There are important rules to follow, and mistakes can have serious consequences. Below are some key dos and don’ts to keep in mind.

The Dos

• Make your wishes clear: Your will should outline exactly how you want your assets, such as your home, savings, and personal belongings, distributed. Being clear prevents misunderstandings later.
• Name an executor you trust: This person will be responsible for carrying out the instructions in your will. Choose someone dependable and organized, and let them know in advance.
• Consider guardianship if you have children: If you have minor children, you can use your will to name a guardian who would care for them. This decision is too important to leave up to the courts.
• Update your will after major life events: Marriage, divorce, the birth of a child, or buying property are all good reasons to review and update your will. Life changes, and your will should reflect that.
• Work with an attorney or estate planner: While online forms may seem tempting, California has strict requirements for a valid will. An attorney can make sure your document meets all legal standards and truly reflects your wishes.

The Don’ts

• Don’t put it off: Many people delay writing a will because it feels uncomfortable, but the truth is, waiting only increases the risk of leaving your family without guidance if something unexpected happens. 
• Don’t assume everything will “just work out.”: Without a valid will, California law is responsible for determining who inherits your property and assets. That may not match what you want.
• Don’t forget about debts and taxes: As well as assets, your will should also address how your debts, taxes, or other obligations will be handled to avoid surprises for your family.
• Don’t rely on handwritten notes: While handwritten (holographic) wills can be valid in California under certain conditions, they’re often challenged in court. A properly prepared will is much stronger.
• Don’t go it alone: Even a small mistake, such as missing signatures or unclear wording, can render a will invalid. Professional guidance can save your loved ones from lengthy legal battles.

Create a Last Will and Testament With Support From LPEP

A last will and testament gives you peace of mind knowing your family is cared for and your assets are distributed the way you intend. It’s essential that your will is accurate, comprehensive, and legally valid.

At Lonich Patton Ehrlich Policastri, we help clients create clear, legally sound wills tailored to their unique needs. Our estate planning team makes the process simple and ensures your wishes are protected.

Contact us today to schedule a free consultation and take the first step in securing your family’s future.

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.