(909) 451-7005Ontario Will Attorneys
Helping Clients Take the First Step in Estate Planning
Have you sat down and outlined how you want your estate managed after your death? While it may feel overwhelming, outlining your final wishes allows you to address how you would like your assets divided and distributed among your family members. Failing to do so can lead to a lengthy probate process, disputes among family members, and leaving money on the table that should have gone to your relatives.
Drafting a comprehensive will allows grieving families to process their loss instead of dealing with a lengthy court process. Outlining how you want your estate managed removes the guesswork, and you can rest easy knowing your wishes will be honored after you have passed.
B.C. Miles Law Group has extensive knowledge when it comes to estate planning. Our law firm can walk you through every step of this sensitive legal matter and ensure your bases are covered.
Call for your free consultation with one of our Ontario will lawyers at 909-451-7005.
What is a Will?
Wills are legal documents that provide guidance to the probate court, your executor, and your family regarding your final wishes, the distribution of your assets, and avoiding probate disputes. Drafting a will is a basic step in the broader task of estate planning.
In your will, you will name your personal representative, also called your executor. This person is responsible for the proper execution of your will. They will be tasked with assessing your assets, finding and paying your outstanding debts, paying your estate taxes, and then distributing your remaining assets among your heirs.
Besides your executor, your will should also name the beneficiaries of your estate. You should clearly outline exactly who will be receiving your property and how you would like it divided among your heirs. Legal issues usually arise when your will isn’t clearly drafted, leading to confusion and even probate litigation.
What is Probate?
If they do not have a trust, most people’s estates must pass through the probate process after their death. Probate court involves validating your will, recognizing the executor, and ensuring your assets are divided as outlined in your will once your remaining debts are paid.
Probate in California usually takes 9 to 18 months, but complex cases, disputes, and unclear wills can make the process considerably longer. Probate administration can cause delays in the process as your executor tries to locate and assess the value of your assets. They will also need to notify creditors of your death so your final debts can be paid using assets from your estate.
You likely want to lessen the impact of the probate process on your family. Ensuring your will is comprehensive and properly identifies your assets and property and your beneficiaries can make probate easier for your loved ones. Our Ontario will lawyers have the legal experience to draft a thorough will that allows your family to mourn their loss instead of worrying about legal issues.
What Happens if You Die Without a Will?
Dying intestate, or without a will, can cause extensive legal complications. Being left without instructions that clearly outline how you would like your final wishes to be executed leaves your family in a precarious position.
Probate matters become more complicated because the court will have to assign someone to complete the administration of your estate. While this person is usually a trusted close relative, there are no guarantees that the court will choose someone you would have trusted. Because you died without a will, there won’t be a clear inventory of your assets or their value, meaning your administrator will need to gather them and assess their value. They will have to find your creditors and file your final tax returns, all without your guidance. Probate litigation is more common in cases where the decedent died intestate.
Since you didn’t outline your heirs or how you would like your assets distributed, your administrator will have to follow California intestacy laws to distribute your assets and property. These laws favor your spouse and children, then relatives and extended relatives. If heirs aren’t located, your estate will be absorbed by the state.
You can help your loved ones avoid probate disputes in the future by planning your estate now.
Can You Minimize the Impact of Probate on Your Family?
Estate planning involves more than simply drafting your will. By employing estate planning tools like living trusts, you can provide care for your minor children, get your assets to your family faster, and avoid the public process of probate. Trusts minimize the chance of probate litigation because they have clear rules managing the assets you have placed in the trust.
You can also use gifting and joint ownership strategies to minimize the amount of your estate that needs to pass through probate. Our proven legal experience can assist you in your estate planning journey and ensure you are aware of your options.
Do You Need an Estate Planning Attorney in Ontario?
An astounding number of Americans die without a will. If you want to help your loved ones through the process of grieving their loss and minimize the time-consuming process of probate, you will need the assistance of an attorney who understands probate law. You have more estate planning options available to you than a simple will, such as trusts that protect your assets.
Call our experienced Ontario will attorneys at 909-451-7005 so you can get started on drafting your will. After that, our team at B.C. Miles Law Group will focus on your unique needs and come up with the best estate planning options available to you!
Contact us today for your free consultation.