San Francisco Legal Wills
San Francisco wills attorney Linda Ross Myers assists clients in the Bay Area with writing legal wills. A Will is a witnessed document that dictates how your estate should be distributed upon your death. Formal Probate proceedings may be required depending on the size of your estate and the nature of your assets. All documents filed with the Court are of public record, including your Will and the inventory of your assets.
Different Types of Wills
Different types of wills suit different needs. A testamentary will is the most common will. It becomes effective upon the person’s death. Wills may specify:
- Beneficiaries who receive assets or property
- Guardianship of minor children
- Preference of burial or cremation to dispose of remains
The courts recognize two ways to draft wills in California:
Holographic or handwritten wills. The court accepts a legibly written will in the person’s own handwriting that is dated and signed. Any typed material makes such a will invalid, and the will must be clear in terms of which beneficiaries are receiving certain assets.
Wills prepared under the guidance of a San Francisco wills lawyer. This method of writing a will provides the advantage of legal guidance based on San Francisco wills law, so no unforeseen legal consequences arise from how the will is written.
Invalid or non-existent wills cost families and other beneficiaries surprisingly large probate and legal fees. It generally takes one to two years to probate an estate.
Read more about the process of writing a will
A person dying intestate means the distribution of his or her estate is subject to the California probate court system, not the person’s wishes. When this happens, all of the person’s California assets and property fall under probate court jurisdiction, and the court divides the estate among the legal heirs according to California law.
Living Wills in San Francisco
A living will is entirely different from a standard will. It specifies the medical care a person wants to receive at the end of life. A living will is also called an advanced health care directive or durable power of attorney for healthcare. Under California statutes it allows you to name another individual as an agent to make health care decisions on your behalf, should you become incapable of making your own decisions.
In addition to naming an agent in your living will, you may also stipulate your desires regarding life-prolonging medical care such as do not resuscitate orders, feeding tubes, or drugs to reduce pain.
Seeking legal guidance from an experienced San Francisco wills attorney well-versed in California law can prove invaluable when you plan to draft a will, or if you are considering drawing up a living will.
Get Answers to Your Questions About Wills in San Francisco County
Linda Ross Myers is an experienced wills attorney in San Francisco. Consultations are confidential and at no obligation. Call 415-230-5347 or contact us online today.
Ms. Myers also offers legal help as a probate attorney with trusts administration and estate planning in San Francisco County.