Resources & FAQs
Frequently Asked Questions (FAQs)
Do I need a will?
First, you must have a will to leave your property to someone other than your children. This includes your spouse! Second, a will sets forth your wishes for any particular items or gifts that you would like to go to someone other than your children.
Third, you must have a will to designate the executor (the person responsible for administering your estate according to the will).
Last, having a will usually makes the succession process cheaper for your family.
What if I don’t have a will?
Without a will, community property (property acquired during the marriage) is divided: ½ to spouse, ½ to children, subject to spouse’s right to use the property until remarriage.
Separate property (spouses had a separate property agreement or inherited the assets) goes to the children or blood relative of the deceased.
How often should I update my estate planning documents?
Every five (5) years, and you should always update your documents with any major life changes.
What does probate mean?
Probate is the formal filing and recognition of the will as the last will and testament of the deceased person. There are several legal requirements and documents to prepare and it is necessary for an attorney to do this.
If there is no will, there is no probate, but a legal proceeding still needs to be done in order to transfer assets to the heirs.
My loved one has passed away, what do I need to do?
First, you should fill out our probate worksheet found here. Then, call our office to make an appointment for a free consultation.
How much is this going to cost?
We don’t give prices on the phone or online, however, our initial consultation is always free.