Wills and Trusts Attorney
Law Office of Wais Azami in Garden Grove is ready to serve the needs of clients in Orange County and L.A. County. We are conveniently located off of the 22 Freeway and Valley View.
California Wills and Trusts
What is a will?
Estate Planning: Wills
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) should be distributed after their death, and as to which person (executor) is to manage the property until its final distribution. It does not need to be recorded. It can be handwritten (holographic will) or it can be typed. There are different requirements for each to be done properly. Come and see us at your Garden Grove office to see how we could help with your estate planning needs. Attorney Azami is patient, understanding and informative.
Who needs a will?
Anyone who has anything of value which they want to leave for someone else after dying should have a will. Usually wills are very simple in their instructions, but it's best to use an estate planning attorney to create one. They give property or money to another. However, it's difficult to be creative with a will. For example, you can say I want my house to go to my only son, but you can't say I want my house to go to my son and then when he's incapacitated, I want it to be sold with the proceeds going half to my church and the other half to take care of my son. The latter scenario is better suited for a trust. Our Garden Grove office is close to most OC cities from Anaheim to Santa Ana. Call now.
Can a will be changed?
Of course a will can be changed! However, there are rules governing the change so that someone doesn't take advantage of the person (testator). It's best to ask for a legal consultation before changing or creating a will to reduce errors. An estate planning attorney can better guide you with your will or trust changes.
Do I need a lawyer to write my will for me?
No, you don't need a lawyer to create a will. People do it all of the time. Usually it works just fine, if they know what will make it enforceable or legal. If you are unsure about how to create one, hire an estate planning attorney. Wills are simple for an attorney and not very expensive when you consider the cost of mistakes if you did it yourself. We are conveniently located in Garden Grove.
What is a trust?
A trust is created by the owner, also called a "settlor", "trustor" or "grantor" who transfers property to a trustee. The trustee holds that property for the trust's beneficiaries. Beneficiaries are those receiving the benefits of a trust. Trusts should be created by an estate planning attorney to lessen the chances of an error and avoid probate issues.
How is a trust different from a will?
Here are some of the differences between a will and a trust. These not a complete list but some of the major points which may help you see their differences.
- Costs a little more to create than a will but less to administer
- Avoids probate court, unless someone contests it
- Not as simple as a will but allows more creativity and customization of your specific wishes
- Can provide some protections against government agencies as creditors
- Costs less to create than a trust but more to administer
- Needs a court to administer it and probate court can't be avoided
- Much simpler than a trust but not as customizable as a trust
- Can limit the time a creditor has to place a claim against the estate
Who needs a trust?
Anyone who wants to leave property or instructions for care of a person, pet or business entity or other beneficiary, would likely need a trust. The more complex the trust, the more you need an estate planning lawyer.
Is it better to get a will or a trust?
Both wills and trusts have their benefits and drawbacks. An estate planning attorney such as Wais Azami could easily help you decide which would be more advantageous for your particular situation and needs. Our Garden Grove office helps all of OC and LA with estate planning needs.
More to follow
More to follow
OC Wills and Trust Lawyer
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- Drafting a will
- Creating a will
- How to create a will
- I need a will
- How to create a living trust
- How do I make a medical directive
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