Wills
Comprehensive Will Drafting For Your Needs And Wishes
If you are considering a will, you may be familiar with its purpose of assigning your valuables to your chosen beneficiaries after your passing. What you may not know is that wills serve many other purposes in addition to property distribution.
The seasoned attorneys at the Law Offices of Berge & Berge in west San Jose can use the law to help you determine the full extent of your wishes after you are gone. With a master’s degree in tax law, our founding attorney, Jim Berge, (pronounced burr-ghee) is a California certified public accountant with over 25 years of experience as an estate planning specialist. He also has firsthand experience with aging parents and wants to help you legally make your wishes known to your loved ones in the event of your incapacitation or death.
What Does A Will Do?
While a will names what will be given to whom upon your passing, it can serve a variety of other purposes as well, all of which regard your wishes.
A will may also:
- Designate an executor and/or trustee
- Name a guardian, or guardians, for your minor children
- Establish a special needs trust, often to hold an inheritance until a beneficiary has reached a certain age or for a loved one with special needs
As part of our firm’s estate planning services, our lawyers can help you draft a will which meets your needs and your wishes.
What Should I Include In My Will?
In your will, you may wish to include:
- A clear identification of yourself and your intent to create a will.
- Who you want to be the executor of your estate.
- Who are your beneficiaries, and which of your assets will they receive?
- Instructions for how your estate should distribute those assets to beneficiaries.
- Who do you want to be the legal guardian of your children when you pass?
These are just a few examples of what you may wish to add to your will. Your situation is unique, and what you want to put in your will won’t look exactly the same as someone else’s. If you have any questions about what to put in your will based on your specific circumstances, call us at 669-244-3546, and we can walk you through your options.
How Do I Choose An Executor For My Will?
Choosing an executor is a critical decision. It all boils down to who you trust. Are they good at managing money? Are they honest? Can they handle all your assets and the complicated emotions your beneficiaries might feel? Discussing the responsibilities with the person you are considering is often a good idea. That way, you can make sure that they can handle the role of executor and that they want it in the first place.
Can I Update My Will After I Draft It?
Yes, you can update your will after you draft it. You can do this through a legal document called a codicil, which amends the existing will, or you can draft a new will altogether. It is important to ensure that any changes comply with California state law to ensure their validity.
When And How Often Should I Update My Will?
You should update your will whenever significant changes in your life circumstances occur. This includes events such as marriage, divorce, the birth of a child or substantial changes in your financial situation. Reviewing your will every few years can help you make updates as life happens and changes occur.
What Steps Should I Take To Prepare For My Will Drafting Consultation?
To prepare for your will drafting consultation, do the following:
- Gather information about the assets in your estate, including your home, additional real estate, bank accounts, investments, family heirlooms or other luxury items.
- Write out a list of loved ones or organizations you wish to include in your will.
- List people you would like to appoint as your estate’s executor.
- Think through the specific instructions you would like to include in your will.
- Bring any necessary estate planning documents to your attorney.
Doing all this can feel overwhelming. But don’t worry, we are here to help.
Draft Your Will With Professional Tax And Legal Representation
At the Law Offices of Berge & Berge, we can provide the legal guidance and tax knowledge you need to properly draft your will. Our compassionate staff and focus on estate planning, conservatorship and guardianship services offered at our San Jose firm can also help you navigate through more complex decisions. We serve clients throughout the south San Francisco Bay Area.
Contact us online or call 669-244-3546 to schedule an initial consultation. We are easy to get to with free outdoor parking right next to our building.
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