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Wills Lawyer Help Document Your Wishes

Preserving your desires in your last will and testament

At Invictus Law, P.C., one of our lawyers helps you document your desires, for asset distribution upon your death, in a will as part of an overall estate plan. Putting your decisions in writing makes a big difference, particularly in situations where assets are substantial. From our offices in Santa Ana and Ontario, California, we serve clients throughout Orange County — including Orange and Irvine — and San Bernardino and Riverside counties.

The ways in which a will makes a difference

Your will identifies beneficiaries of your estate upon your death. It also names an executor to oversee the administration of your estate. In addition, a will is a document that allows you to designate guardians to care for any minor children. Your will requires a careful and considered thought process that our experienced estate lawyers guide you through. You decide to whom and how you want to distribute your assets.

If you don’t have a will, the state of California distributes your assets. If you are not married or in a registered domestic partnership, your children or grandchildren receive your estate. If you don’t have any children or grandchildren, your estate goes to your parents, siblings, nieces, nephews or other relatives. If you have no existing relatives, then the state becomes your beneficiary.

No matter what age you are, protect your assets with a legally valid will to ensure you have control over who inherits your wealth.

Creating a will is part of the estate planning process

A will is just one of the legal instruments that are part of the estate planning process. However, a will does not cover all of your assets. Your life insurance policy, for instance, already names a beneficiary who will receive a payout after your death. The same is true for your 401(k) plan. As we prepare to draft your will, we review your financial profile and counsel you on the assets your will should address. Throughout the process, we aim to minimize tax consequences and any exposure to risk.

Using a living will to state your preferences regarding medical treatment

A living will articulates your wishes regarding medical care and procedures, in the event you become incapacitated. In California, living wills state whether you want any medical procedures or intervention done that serves only to prolong the process of dying.

To create a valid living will you must:

  • Be of sound mind
  • Be at least 18 years old
  • Sign the document
  • Have the document signing witnessed by two people

Combining a living will with a durable power of attorney creates an advance healthcare directive under California’s probate code. As with your will, it’s always a good idea to regularly review your estate-planning documents, since you may have changed your mind about treatments or beneficiaries since the initial signing.

Beneficiaries may file suit during the estate administration process

Although astute estate planning helps to minimize conflict, there are times during the estate administration process when disputes cannot be avoided. Wills are typically contested based on the following claims:

  • Signed through undue influence that does not reflect the deceased’s true wishes
  • Financial abuse
  • Executor’s breach of fiduciary duties
  • Creditor claims

At Invictus Law, P.C., we have the necessary litigation skills to help you protect what is legally yours, whether you are an executor or beneficiary.

Protect your assets now and for future generations with a will

With offices in Santa Ana and Ontario, California, Invictus Law, P.C. helps you protect your assets through a well-crafted and legally sound will. Call us today at (949) 287-5711 or contact us online to schedule a free initial consultation. Parking is available, and our offices are also accessible by public transportation.

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