Newport Beach Wills Lawyer

Newport Beach Wills Attorney

Don’t let everything you have worked so hard for go to the state after you’re gone. Your life’s work, your cherished possessions, and the legacy you hope to leave behind could all be divided up by a judge who doesn’t know you or your family. Nobody wants that. That’s why calling a Newport Beach wills lawyer from Engels-Janzen should be your first priority.

We understand how important it is to get your affairs in order, and we’re here to help you make sure your final wishes are honored.

What Goes Into a Will?

Making a will isn’t only about listing which of your loved ones get which of your assets on a piece of paper. It’s a strategic document that lays out your wishes in a way that makes them legally bulletproof. With the help of an Engels-Janzen will attorney, you can:

• Designate your beneficiaries. From family heirlooms to your extensive collection of vinyl records, every item should have a home.
• Name an executor. Your executor gets the job of handling the fine details of your estate after you are gone, from settling your debts to making sure everything you leave behind gets into the right hands.
• Appoint a guardian. If you have children who are still minors, you can decide who will take care of them if you die.
• Add other clauses. These are catch-all additions for anything you forgot to specifically list.

Because life is unpredictable, the time to write your will is now. The team at Engels-Janzen helps clients of all ages—from young professionals to retirees—to make wills that align with their unique needs and goals.

Modifying a Will: When Life Throws Curveballs

Marriages. Births. New homes. New salary. Whether you have welcomed a new family member, made that big purchase you’ve always dreamed of, or simply changed your mind about who should get what, updating your will is very important. Fortunately, modifying your will is simpler than you might think. A lawyer from Engels-Janzen can help you do it with ease.

Whatever the reason, Engels-Janzen is here to simplify updates to your will as much as possible and to make sure your legacy stays in sync with your life.

Probate in California: What Happens After You’re Gone?

Thinking about probate might conjure up images of long court battles and stacks of paperwork. In California, the probate process is a court-supervised procedure that makes sure a deceased person’s assets are given out according to their will (or according to the state’s law if there’s no will). While it might sound overwhelming, understanding how probate works can help your loved ones avoid unnecessary stress down the line.

However, simply having a will doesn’t mean your loved ones will avoid probate. Your will needs to be validated and executed by the court. That said, having a will simplifies the probate process by providing clear instructions to the court, reducing delays, and minimizing disputes.

Key Steps in the Probate Process

1. Filing the petition. The process starts when a petition is filed to “open” the estate. This is usually done by the executor named in the will.
2. Notifying creditors and heirs. California law requires formal notice to creditors and beneficiaries, giving them an opportunity to either make claims or object to the will.
3. Inventory and appraisal. The executor must put together a detailed inventory of the estate’s assets and get appraisals for them.
4. Paying debts and taxes. Outstanding debts, funeral expenses, and any applicable taxes must be settled before anything can be given out.
5. Distributing assets. Once all debts are paid, the remaining assets are distributed to beneficiaries according to the will.

Of course, all this applies if you have a will, but if you don’t, everything you leave behind will be subject to California’s intestacy laws.

In California, intestacy laws decide how a person’s things are distributed if they die without a valid will. The court does this by following a hierarchy structure, giving your assets first to your spouse and children. If you have neither a spouse nor children, everything goes to your parents or siblings.

Not everyone has surviving family members, however, so if no heirs can be found, everything you have left can be taken by the state.

Intestacy means the things you’ve enjoyed during your life might not go to the people you want them to, so it’s important to make a will. With the help of Engels-Janzen, you can make sure that everything finds its rightful home.

FAQs

Can Stepchildren Inherit Under California Intestacy Laws?

No, stepchildren do not automatically inherit under California intestacy laws unless they were legally adopted. If a stepchild can prove they were financially dependent on the deceased or that the deceased treated them like their own child, they could have a claim on their hands. To make sure your stepchildren get their inheritance, it’s important to create a will that explicitly includes them.

What Happens to Digital Assets If Someone Dies Without a Will in California?

Without a will, digital assets like social media accounts, emails, and cryptocurrency are handled according to the service provider’s policies or state law. In most cases, family members might struggle to access these assets if they don’t have the proper legal documentation. However, creating a will that specifies a trusted person to take care of digital asset management along with login credentials can avoid difficulty.

Can a Surviving Partner Inherit If They Weren’t Legally Married?

No. There are no inheritance rights in Newport Beach, California for unmarried partners if your estate goes into intestacy. It doesn’t matter how long you were together; everything left behind will legally go to relatives recognized by the state, such as legal spouses, children, parents, or siblings. To make sure your unmarried partner gets their share, it’s important to draft a will.

What Happens to Jointly Owned Property If Someone Dies Intestate in California?

Jointly owned property, like real estate or bank accounts with a “right of survivorship,” will typically go to the surviving co-owner, which can bypass intestacy laws and probate. To get around any disputes or delays, it’s important to clarify the ownership of any assets you have and make sure to include specific instructions in your will.

Secure Your Legacy Today

By working with a Newport Beach wills lawyer, you’re choosing to leave behind peace of mind for your loved ones and not a chaotic mess of paperwork. Whether you are drafting your first will or updating an old one, Engels-Janzen is here to help you write the final chapter of your story.

Contact us today to schedule a consultation.