Wills

Ventura and Santa Barbara Attorney for Will Preparation

Most people understand the basics behind a Will – it is a legal document that sets forth your wishes regarding how your property will be distributed and who will care for any minor children in the event of your death. In the absence of a will, or a comprehensive estate plan, the legal system must make these decisions for you.

Who Needs a Will?

A Will is an important first step in Estate Planning. Parents of minor children should have a will to provide for their care. Parents of adult children can use a will to distribute an inheritance. A will can be used to dictate charity donations and also to transfer a family business. Essentially, if you have assets or children, you should have a Will. It minimize tensions after your passing, help avoid conflict, and it will strengthen your family.

The Law Offices of Michelle Evans Can Draft Your Will and Protect Your Wishes

Our law office can prepare your Will. We will work with you to detail your assets, debts, and desires for distribution – who to include and exclude. Plans for the care of your minor children will also be included in your Will. Using an Attorney to draft your Will allows for a plan to be created that complies with state laws, and gives you the experience of a professional who has your best interests in mind. Schedule an appointment at either our Santa Barbara or Ventura Office via email, or call us at 805-242-6270.

What Happens in California if You Die without a Will?

When a person dies without a Will, the legal term is called inestate. In that case, state laws dictate the distribution of that person’s assets. This can create financial and emotional difficulties, particularly if a surviving spouse had expectations of maintaining a certain standard of living or if children had expectations of inheritances. Further complications can arise if your children are minors, as the court will appoint a representative to look after their interests.

Without a Will, a person’s estate can be distributed to a surviving spouse, domestic partner, children, or parents, or even grandparents. Under California’s intestacy statutes, the following heirs will have first preference of assets:

• Children: Assets to be divided equally among all living children
• All to parents: If no surviving spouse or domestic partner, or children
• All to siblings (or their children): If no surviving spouse or domestic partner, children, or parents
• All to grandparents: If no surviving spouse or domestic partner, children, parents, or siblings (or children of siblings)
• To the state: If there are no living relatives found

Contact Our Santa Barbara or Ventura Law Office for a Free Consultation

A Will may fit your needs to pass on your assets and appoint people tor care for your children; speaking with an experienced Estate Planning Lawyer is the first step to creating a plan for the future. A free consultation not does not create any obligation, and is 100% confidential. Contact us to schedule an appointment at our Santa Barbara or Ventura office – email our office or call 805-242-6270.