Oceanside Wills Attorney

A will is an important document that dictates who will get your assets when you are gone. A will can also be part of a trust. If you have assets you want to give to your children, significant other, or a charity, you would do so through your will, which will then go through probate to divide specific property.

What Type of an Attorney Prepares Wills?

For your will, it would be best to hire An Oceanside wills lawyer to answer any questions you might have and help you write and finalize your will. Paul V.L. Campo is a board-certified estate-planning attorney with years of experience helping people settle their estates. Our law firm is here to help you take all the steps required to make your will.

How to Set Up Your Will

• Find an estate planning attorney.
• Select beneficiaries.
• Choose the executor.
• Pick a guardian for your kids.
• Be specific about who gets what.
• Attach a letter to the will.
• Sign the will properly.
• Find a place for your will.
• Review and update your will.

If it’s not your first time setting up a will or you are worried about confusion because of a past will, you should sign a clause that revokes former wills and testaments. You should also specify your city/town and appoint an executor or person who will carry out the terms of the will and make sure your assets go where you want them to go.

What Assets Don’t You Need a Will For?

Some assets don’t require a will because they have separate named beneficiaries—life insurance, for instance—or have some other rules that make them go straight to a specific person without probate. Here is a list of some assets that do not require the use of a will to disperse:

• Retirement accounts, where a beneficiary was named
• Life insurance
• Property held in a living trust
• Co-owned U.S. savings bonds
• Pension plan distributions
• Wages, salary, or commissions due the deceased person
• Right of survivorship property
• Community property with right of survivorship
• Vehicles under state law that go immediately to family members
• Household goods and other items that go to immediate family members under state law

While these are some examples of assets that shouldn’t need to go through probate, state laws may differ. Many states might not recognize on-death transfers, depending on what the transfer is. You should consult a lawyer if you are concerned about any assets that you want to transfer. To set up a trust and ensure your will’s authenticity, you should consult a lawyer who can make sure that all regulations are followed.

Should I Hire an Estate Planning Lawyer to Write My Will?

It is pretty common for people to write their own wills without the help of a lawyer. There is online software that can help you create the will, which can be done without much hassle. However, you should consider that many mistakes can happen any time you decide to take on the task of self-publishing any legal document.

Going through an attorney not only allows you to prepare ahead of time when the will takes effect but can also prevent serious damage to you if one copy of the will is lost or needs to go to probate. Each state has its own regulations, which can make following them difficult. The difference of a single witness testimony can be the difference between a valid and invalid will. An estate planning attorney can help you pave the way to prevent any such accidents from occurring.

Common Mistakes Writing a Will

When you write your will, you should be aware of all the formalities involved. An estate attorney can ensure that there are no mistakes in writing and formalizing your will, but you should be aware of some common mistakes to avoid.

1. Ignoring your state’s regulations can lead to the will being declared invalid. Each state has different rules about who and when a person can legally write a will. Some states require a specific number of witnesses or require the will be notarized to be considered official.
2. Naming the wrong person as executor is a common mistake. The executor is the person who will split your assets after finalizing all the paperwork. They will pay your debts, disperse assets to the beneficiaries, and settle your estate. They don’t have to be a legal or financial representative, but you should trust them to get the job done right.
3. Not naming a guardian for your children can lead to many difficulties if the court is forced to step in and choose a guardian on your behalf. They may not select the one you or your family wanted, resulting in many legal disputes that could have been avoided.
4. Leaving out certain assets can create more issues. If left out, people named in the will or related to you can fight for the right to claim ownership of those assets.
5. Forgetting to update your will. You should always make sure that your will is up to date. No matter when the date was, the person named will be entitled to your assets. If you didn’t change the name of your beneficiary from your ex-fiancé to your current significant other, your ex would still be entitled to your assets.
6. Not making multiple copies or formalizing your will. This can be a significant problem if the will is lost or destroyed. Manipulation can often come from those closest to you, and making a single copy of a will disappear may benefit the closest one to receive your assets. To prevent any complications, make sure you have multiple copies and make people aware that you have a will.

Oceanside Lawyer at the Ready

Paul V.L. Campo is ready to help you get your will finalized and answer any questions you might have. With years of experience, he is one of the best estate lawyers in the Oceanside area. Don’t risk your loved ones being forced to sort out your estate after you die. Contact us today for any estate planning, probate, conservatorship, or trust administration.