Top San Jose, CA Wills Lawyers Near You

What Is a Will?

The law around wills governs how people can distribute their property and assets after their death. It ensures that your wishes are legally recognized and followed. A will must meet certain legal requirements to be valid in California, such as being written, signed, and witnessed. Wills law also covers the appointment of an executor to manage the estate and probate process, where a court oversees the distribution of assets.

Who Needs Estate Planning?

Everyone needs estate planning, and if you are 18, it is never too early to start thinking about your plan! While we all want to live a long, full life, accidents and illnesses happen. And having a plan in place will go a long way in protecting your wishes.

How Much Does Estate Planning Cost?

There are do-it-yourself documents available online that allow you to create your own will, advance directive, and power of attorney declaration. Going this route will be cheaper than using an attorney in the present. However, it is good to work on an estate plan with your attorney to ensure you are going through the process correctly and addressing details you haven’t thought of. If you are worried about cost, you can discuss that with attorneys at your initial consultations as you shop around.

What Estate Planning Documents Do You Need?

Every estate plan should include a last will and testament or establish a trust. This will allow you to state how you wish to distribute your assets to beneficiaries upon your death. A power of attorney declaration will name someone you trust to handle your health care and/or financial decisions if you are ever unable to. An advanced directive (also known as a living will) will state your wishes for any care you want to receive if you are unable to make those decisions at the time. This is useful when it comes to end-of-life care or if you ever need life-saving care because of an accident or illness.

What Are Some Examples of Situations Where I Might Need a Wills Lawyer?

You might need a will or estate planning lawyer if you want to create or update a will to ensure your assets are distributed according to your wishes. If there are complex issues, such as large estates, blended families, or business ownership, a lawyer can help address them. You may also need a lawyer if you are the executor of someone else’s will and someone is contesting it or if you need guidance through the probate process.

How Can a Lawyer Help Me With a Will?

A wills lawyer ensures your will is legally sound and helps manage any disputes or complications. When it comes time to create your will, your lawyer can walk you through the entire process. This will include answering questions about who you want to receive what assets, who you want to serve as guardian of any minor children, and if you want any assets to go to charity. An experienced lawyer can help you think through all of these important questions to make sure every detail is addressed. After, your lawyer can keep your will secure and make sure that it is legally enforceable.

What Could Happen if I Don’t Hire a Wills Lawyer?

If you don’t hire a wills lawyer, your will might not meet legal requirements, making it invalid. This could lead to your assets being distributed according to state laws, rather than your wishes. You might overlook important details without legal guidance, causing confusion and disputes among your heirs. If someone contests your will, you might not have the necessary legal support to defend it. A lawyer ensures your will is properly drafted, reducing the risk of legal challenges and ensuring your estate is managed smoothly and according to your wishes.

What Questions Should I Ask When Trying To Find a Will Lawyer in San Jose?

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case well. Many lawyers offer free consultations that allow you to understand your options and get specific legal advice before hiring them. The top questions to ask include:

• How have you handled cases like mine?
• What are your billing and fee structure?
• How long have you been practicing in California?
• What will my involvement be during the process?
• Do you do other things besides wills?

Tips for Hiring a Lawyer for Help With a Will

Finding a lawyer who is right for you and will represent your best interests is an essential first step in managing your case and protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do: 

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts