Creating a will in California may seem simple, especially with online forms and handwritten options available. But small mistakes can create serious problems for your loved ones after you are gone. A will must meet specific legal requirements, including capacity, proper signing, and valid witnesses. DIY wills can also lead to unclear instructions, missing executors, property disputes, or probate delays.
At Mohajer Law Firm, we help clients create wills that are clear, legally enforceable, and designed to protect their wishes. If you are thinking about writing a will, speak with our team before taking the DIY route.
Transcript:
Got a leaky faucet? You can DIY it. Want to upgrade your backyard even? You can probably DIY that too. But not everything can be done with DIY, especially when it comes to creating a will in California.
I get it. You can save some money by rolling up your sleeves and tackling the task yourself. But a poorly drafted or invalid will can lead to court battles, family conflict, and unintended distribution of assets.
Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in estate planning, family law, criminal defense, and personal injury.
You probably noticed that we’re currently indoors and not strolling in a beautiful park like we usually do. Well, we are expecting some rain today, but regardless of rain or shine, I want to take these opportunities to provide you with information that can potentially help you in your case. So although we are not walking in the park, the information you receive is meant to be simplified as if it is a walk in the park.
So if you like the contents of this video, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, welcome to our series, A Walk in the Park.
Creating a Will in California
In this video, I want to address what makes a will legally valid in California, some common mistakes in DIY wills, when is it appropriate to not have an attorney, and lastly, why hiring a lawyer can protect your legacy.
What Makes a Will Legally Valid in California?
So what makes a will legally valid in California? Under California Probate code, a will is valid if the testator, meaning the person creating the will, is at least 18 years of age and of sound mind. It is in writing, signed by the testator. And third, witnessed by two people who are not named as beneficiaries.
California also allows holographic wills. Now, these are wills that are handwritten. However, they must be entirely written, dated, and signed by the testator. And keep in mind, these holographic wills are more vulnerable to challenge in court. So you can technically write a will without the assistance of a lawyer. But whether it holds up in court after you are gone is an entirely different story.
Common Mistakes in Wills You Write Yourself
So what are some common mistakes that I have seen in a DIY will? Well, one is using outdated online templates that don’t meet California’s legal standards. Look, Google is a great resource tool. I get it. But not everything you find online will be valid or true.
Another common mistake I’ve seen is forgetting to name an executor. It is such a simple thing to do, but people have forgotten to do that time after time, which could lead to the will being invalid.
Another mistake is failing to account for contingency beneficiaries or even creating conflicting or ambiguous instructions.
Lastly, another common mistake is misunderstanding community property versus separate property rules. You cannot give anything away unless you have the legal right to it.
Now, I have personally seen in court where a handwritten will was provided that did not have any witnesses and unclear instructions, where it led to family fighting and the court ended up overriding the decedent’s wishes. DIY wills may seem convenient, but even small errors can cause big legal problems.
Do You Need an Attorney for a Will?
But you don’t have to have an attorney in every case. In simple cases, such as leaving all assets to one person and there are no minor children, a basic will could work without having to hire a lawyer. There is a California statutory will form available online, which is actually free, but it is very limited in flexibility. It may not meet your needs and your desires.
Now, even if you choose to not hire an attorney, you are still responsible for ensuring proper witnessing, clarity in instructions, and compliance with all probate laws. Even in simple estates, overlooked legal nuances can result in probate delays or even invalidated wills.
Benefits of Hiring an Attorney to Write Your Will
So how does hiring an attorney provide protection? Some benefits of having an attorney are: it will ensure your will is fully compliant with California law. It will help you understand tax implications, guardianship of minors, and asset protections. It can avoid family conflict, litigation, and probate surprises. And lastly, it can coordinate your will with the living trusts, for example, powers of attorneys, health care directives, even. An estate planning attorney ensures your wishes are not only clearly written, but legally enforceable.
Think of it not just as making a will, but protecting your loved ones after you’re gone.
Contact Mohajer Law Firm for Legal Guidance When Writing Your Will
Now, in this video, we went over what makes a will legally valid in California, some common mistakes in DIY wills, when is it appropriate to not have an attorney, and lastly, why hiring a lawyer can protect your legacy.
Remember, you can make a will without a lawyer. I’m not doubting that. But DIY wills come with real legal risks. California law has specific requirements, and one mistake can jeopardize your legacy. Legal help ensures clarity, compliance, and confidence.
So if you have questions or would like to see whether Mohajer Law Firm can help you in the drafting of your estate plan, please feel free to call our office to schedule a consultation. We would be happy to sit down with you one on one and figure out the best strategy to take.
And as I stated in the beginning, if you found the contents of this video to be helpful, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted.