A will is the legal declaration of a person’s wishes regarding the disposal of his or her property after death. A codicil is a formally executed document made after a will that amends the will by adding to it, subtracting from it or otherwise changing it.
If you have children, own property, were recently married or divorced, you should consider making or updating your will. Your will is a legal document that includes many important details, such as identifying whom will receive what property and/or money from you, preferences for the guardianship of your minor children, and how to dispose of your remains after death.
A will prevents the State of California from deciding these things for you. For example, without a will, your spouse would receive all of your community property, as well as a portion of your separate property, regardless of how you would rather see it distributed. Your children would then only receive what is left over. We believe most people would prefer to make these decisions themselves.
Your will should name an executor, the person responsible for carrying out the instructions in your will. Your executor will be your representative to the probate court, and will take care of wrapping up your affairs after death.
When you hire us to prepare your will, we will explore your options and alternatives to help you create the most effective plan for you and your family. That includes looking at the nature of your assets to determine how best to minimize bureaucracy, taxes and probate hang-ups. We will also provide you with a durable power of attorney and a California advance health care directive.
Contact us or call (925) 465-2500 or (707) 398-6008 for more information or to schedule an initial consultation at Sparks Family Law, Inc. with attorney Gary D. Sparks.