Sacramento Wills Lawyer Offers Security to Clients and Their Families

California law firm advises on estate plans

Drafting a clear, enforceable will provides security to both the testator and their intended heirs. However, without knowledgeable legal guidance, your will might not accurately express your true intentions, or could be determined to be invalid by a probate court. At K. Greg Peterson, a Professional Law Corporation in Sacramento, we offer Californians the support they need to put legal force behind their final wishes. Greg Peterson is a California State Bar Certified Specialist in estate planning, probate and trust law with more than three decades of experience in this legal field. Whether you’re looking to create a last will and testament, you need to revise an existing document or are involved in a dispute over someone else’s will, you can rely on us for effective, personalized counsel.

What is a last will and testament?

Simply put, a will is the legal instrument that states who should get the property you own outright upon your death. For a will to be valid in California, the testator must be at least 18 years old, of sound mind and drafting the document freely and voluntarily. The document must be written and signed by two witnesses. In the will, the testator appoints someone as the executor, who will have the legal duty of administering the estate which holds the decedent’s property until it can be distributed to heirs named in the will.  

The importance of having a last will and testament

After you’ve spent your life accumulating assets, you have the right to decide where those assets go when you are gone. Under California’s intestacy laws, the preferences of a decedent who lacked a valid will are ignored and their property is divided based on family relationships, with each member of the same group receiving an equal share. For example, the estate of someone whose closest family members are two siblings would be split equally between them, even if the decedent was estranged from one. A will is also the final communication you have with your loved ones and is the chance to create a fitting legacy. Along with your will, you might want to draft letters to family members or include instructions on whom you prefer to raise your minor children if they are orphaned.

Should you have a living will?

As part of your overall estate plan, you should also create legal instruments that address important issues in case you are suffering from a serious medical problem and cannot communicate. One such document is a living will, which lets doctors and your loved ones know what type of life-prolonging treatment you want if your condition is terminal. This can protect your family from having to make a heartbreaking decision without knowing your wishes. Our firm also prepares power of attorney documents, in which you can name a trusted person to act as your agent in the event an illness or injury makes it impossible for you to handle medical decisions and other affairs. You can also create an advance directive regarding your preferences for medical treatment.

Common disputes that arise relating to wills

Many conflicts can arise during the administration of a will. Family members who feel they were unfairly slighted by the terms of the document might allege that it is the result of fraud, coercion or mistake. There can also be disagreements about whether instructions of the will are being carried out faithfully by the executor. Our firm has an extensive history of successfully handling probate litigation matters on behalf of estate representatives and beneficiaries. If you have been accused of mishandling probate as an executor or believe something is wrong with the document or how it’s being enforced, we can assess the merits of your case and advocate for a proper resolution.

Contact a thorough Sacramento lawyer for a free consultation regarding your will

K. Greg Peterson, a Professional Law Corporation assists with the drafting, revision and enforcement of wills throughout Northern California. You can schedule a free initial consultation with our Sacramento office by calling 916-443-3010 or contacting us online.