Wills
Wills are the most widely recognized and heavily utilized component of estate planning. In its simplest form a will communicates your intent to your heirs (family) and the court (probate judge) regarding how you want your assets distributed after your death.
Everyone regardless of wealth or family setting; should have a will in California . If you have children, were recently married or divorced you need a will or amend the will you have. Our estate planning attorneys at Lonich and Patton can help you write your will so that it will reflect your exact wishes.
A will is a legal document that can include details such as who (known as the beneficiaries) will inherit what property and money from you, who will take care of your underage children, and what to do with your remains after your death. Making a will is very important, for if you don’t create one and you pass away, it will be up to the state of California to decide what will happen to your property and who will care for your children.
Under California law, unless you leave a will, your spouse or domestic partner will be entitled to all of your community property. They will also receive a portion of your separate property. If you have any children, they will receive the remainder of this property. If you don’t have a spouse or children, your property will be divided between your relatives. If a family member or other relative cannot be found, all of your property will go to the state of California.
It is important that you update your will on a regular basis so that your will constantly reflects the state of your life’s affairs.
Several events in life make amending or preparing a will particularly important. After a divorce for instance (or during the divorce proceeding) you may want to remove your ex-spouse from your will. If you did not have a will while married, it is an important financial planning tool as you move forward independently. If you are in a relationship but not married you must have a will or your partner will not inherit anything from you.
A will can also act as a complimentary estate planning vehicle to a living trust, a pour over will. Smaller items like a car, furniture, or specific gifts can be handled by a pour over will. The assets are added to your trust –poured over- or into the trust. The law in California does not require the probate of these assets as long as their combined value is less than 100,000. Once in the trust they follow the provision of the trust.
Everyone regardless of wealth or family setting; should have a will in California . If you have children, were recently married or divorced you need a will or amend the will you have. Our estate planning attorneys at Lonich and Patton can help you write your will so that it will reflect your exact wishes.
A will is a legal document that can include details such as who (known as the beneficiaries) will inherit what property and money from you, who will take care of your underage children, and what to do with your remains after your death. Making a will is very important, for if you don’t create one and you pass away, it will be up to the state of California to decide what will happen to your property and who will care for your children.
Under California law, unless you leave a will, your spouse or domestic partner will be entitled to all of your community property. They will also receive a portion of your separate property. If you have any children, they will receive the remainder of this property. If you don’t have a spouse or children, your property will be divided between your relatives. If a family member or other relative cannot be found, all of your property will go to the state of California.
It is important that you update your will on a regular basis so that your will constantly reflects the state of your life’s affairs.
Several events in life make amending or preparing a will particularly important. After a divorce for instance (or during the divorce proceeding) you may want to remove your ex-spouse from your will. If you did not have a will while married, it is an important financial planning tool as you move forward independently. If you are in a relationship but not married you must have a will or your partner will not inherit anything from you.
A will can also act as a complimentary estate planning vehicle to a living trust, a pour over will. Smaller items like a car, furniture, or specific gifts can be handled by a pour over will. The assets are added to your trust –poured over- or into the trust. The law in California does not require the probate of these assets as long as their combined value is less than 100,000. Once in the trust they follow the provision of the trust.
Living will
A living will (also known in California as Advanced Health Care Directive) sets forth your wishes regarding the medical care that you do or do not want in the event you are unable to speak for yourself (due to injury, illness or incapacity).
A living will is typically a separate legal document, can be made by anyone over 18 years of age who is of sound mind and able to understand what he or she is drafting or signing. All wills and estate planning documents have specific and special requirements concerning signatures, notarizing the documents and the witness.
A living will can name the person (your agent) you wish to speak for you if you are unable or otherwise incapacitated; it can withhold certain treatments or dictate under what limited circumstance, if any, you are willing to allow certain medical treatments. The doctor or hospital must follow your wishes as set forth in your living will or as directed by your agent.
One of the most important aspects of a living will is that you maintain complete control over all medical decisions and treatments until and only if it is medically determined you are terminally ill or in a permanent vegetative state and can no longer communicate his or her wishes.
At Lonich and Patton we understand it is very important you have a skilled attorney draft a living will that sets forth your exact wishes and cannot be challenged. When you are seriously ill we want to ensure your wishes will be followed and you and your loved ones can rest assured your wishes are followed.
A living will (also known in California as Advanced Health Care Directive) sets forth your wishes regarding the medical care that you do or do not want in the event you are unable to speak for yourself (due to injury, illness or incapacity).
A living will is typically a separate legal document, can be made by anyone over 18 years of age who is of sound mind and able to understand what he or she is drafting or signing. All wills and estate planning documents have specific and special requirements concerning signatures, notarizing the documents and the witness.
A living will can name the person (your agent) you wish to speak for you if you are unable or otherwise incapacitated; it can withhold certain treatments or dictate under what limited circumstance, if any, you are willing to allow certain medical treatments. The doctor or hospital must follow your wishes as set forth in your living will or as directed by your agent.
One of the most important aspects of a living will is that you maintain complete control over all medical decisions and treatments until and only if it is medically determined you are terminally ill or in a permanent vegetative state and can no longer communicate his or her wishes.
At Lonich and Patton we understand it is very important you have a skilled attorney draft a living will that sets forth your exact wishes and cannot be challenged. When you are seriously ill we want to ensure your wishes will be followed and you and your loved ones can rest assured your wishes are followed.
CONTACT US
1871 The Alameda, Suite 475
San Jose, CA 95126
Phone: (408) 553-0801
Fax: (408) 553-0807
contact@lonichandpatton.com
1871 The Alameda, Suite 475
San Jose, CA 95126
Phone: (408) 553-0801
Fax: (408) 553-0807
contact@lonichandpatton.com
Lonich & Patton, LLP also specializes in the areas of Family Law and Business Law.
WHERE WE PRACTICE
Lonich & Patton, LLP handles estate planning, trust administration and probate matters for clients in northern California, San Jose and Silicon Valley. Our attorneys regularly serve clients in Santa Clara County, San Mateo County, Alameda County, Contra Costa County, Santa Cruz County, Monterey County and San Benito County, including the cities of Sunnyvale, Santa Clara, Mountain View, Cupertino, Los Gatos, Campbell, Saratoga, Redwood City, Oakland, Salinas, Fremont, Hayward, Concord, Berkeley, Richmond, Morgan Hill, Milpitas, Santa Cruz, Los Altos, San Leandro, Livermore, Union City, Walnut Creek, Pleasanton, South San Francisco, Gilroy, Castro Valley, Watsonville, Newark, Hollister, Monte Sereno and Menlo Park.
WHERE WE PRACTICE
Lonich & Patton, LLP handles estate planning, trust administration and probate matters for clients in northern California, San Jose and Silicon Valley. Our attorneys regularly serve clients in Santa Clara County, San Mateo County, Alameda County, Contra Costa County, Santa Cruz County, Monterey County and San Benito County, including the cities of Sunnyvale, Santa Clara, Mountain View, Cupertino, Los Gatos, Campbell, Saratoga, Redwood City, Oakland, Salinas, Fremont, Hayward, Concord, Berkeley, Richmond, Morgan Hill, Milpitas, Santa Cruz, Los Altos, San Leandro, Livermore, Union City, Walnut Creek, Pleasanton, South San Francisco, Gilroy, Castro Valley, Watsonville, Newark, Hollister, Monte Sereno and Menlo Park.