Posts tagged: last will and testament

When was the last time you took a look at your Last Will and Testament? If it was five years ago or more, then you should consider dusting it off and reading through to make sure it’s up to date.

Remember, a lot can change in five years: the birth of new family members, marriages and divorces, or even significant changes in your finances are just some of the reasons you should revisit your Last Will and Testament, as well as the rest of your estate planning documents like your Power of Attorney and Living Will. Just keep in mind, though, that if you notice your Last Will and Testament is out of date and you revoke it, you should have a replacement ready to go.

Revoking a Last Will and Testament is not as cut and dry as simply ripping up the original document or putting it through a shredder. Our LA County probate court will, on rare occasions, accept a copy of a Last Will and Testament if there is reason to believe that the original is either lost or accidentally or maliciously destroyed. The simple fact that there is a precedent for courts accepting Wills marked “COPY” should give pause to anyone who thinks about ripping up their original Last Will and Testament to change their estate plan.

Instead, if you want to revoke your Last Will and Testament due to changes in your family’s situation, you should speak with an experienced San Fernando Valley Will lawyer. A Will lawyer can help you figure out the best way to change your estate plan, which will probably involve rewriting your Will, Power of Attorney, and Living Will documents. (Again, simply destroying these documents can create a legal mess by leaving you without the coverage an estate plan provides.)

Taking a look at your Last Will and Testament, as well as your other estate planning documents, every five years is a good habit to ensure your wishes are known to your family and you have the proper planning in place. If you believe you may have a problem with certain family members once you’ve changed your estate plan, you may want to seek the advice of an experienced San Fernando Valley Will Lawyer to talk about your options.

If you would like to learn more about revoking your existing Last Will and Testament, or if you’d like to review your existing estate plan, please contact us at 818-334-2805 to schedule a consultation.

Have you ever wondered what is the worse that can happen if you become incapacitated or pass away without an estate plan in place?

If you have, you’re not alone. This is actually a common question our North LA County estate lawyers receive, especially from those in close-knit families who believe that their kids (or other loved ones) will peacefully sort everything out when they pass away without needing any additional legal documents or guardrails in place.

Failing to Plan Makes Life Harder for The People You Love

The truth of the matter is that without a plan (or even the wrong plan) you make things much harder for the people you care about, even if everything goes as smoothly as possible and everyone gets along. Managing your affairs will also become much more costly and more time-consuming than they need to be if something happens.

You May Not Like The “Default Plan” The State of California Already Has for You

Remember, you are not obligated to create an estate plan; the state of California already has a plan that your loved ones will be forced to follow in the event you do nothing. However, this “default” plan is not one that very many people like. The only way to override the state’s plan is to legally create one of your own.

What If You Are Disabled or Incapacitated?

If a crisis happens during your lifetime and you don’t have a plan, you run the risk of losing flexibility and you may even lose control. Even if your loved ones want to help if you get sick or become incapacitated, they could be barred from getting involved with your affairs because of privacy or HIPAA laws. If that happens, all decisions about your care and your future will be made by a judge who doesn’t know you or what is important to you.

Make Planning a Priority to Protect Your Family, Your Wishes, and Your Assets

The bottom line is that an estate plan is a roadmap that’s designed to make life as easy and hassle-free as possible for yourself and your loved ones in the event of illness, incapacity, or death. It’s one of the most loving gifts you can give them. If this article has caused you to rethink your choice of going with the state’s plan for your affairs, we are here to help you. Simply contact our North LA County estate lawyers at 818-334-2805  to schedule a consultation.