Will Preparation in Belmont, California

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In Belmont, California, many of the issues that sometimes come with a will, such as would-be beneficiaries challenging its validity, or devises which don't make it clear who gets what (resulting in costly and time-consuming litigation) can be avoided if the will is well-drafted in the first place.

The procedure of drafting and executing a will can be very simple with the average estate which has only a moderate amount of assets held in only a few locations (a couple bank accounts, a house, maybe a stock portfolio). This is also true if the decedent simply wants to give their property to a few immediate family members, without setting up a complicated trust arrangement.

But even if the will is comparatively simple, some preventable problems can derail the process. An accomplished lawyer in Belmont, California who specializes in wills and estate planning can help make sure that this doesn't happen to your will.

With most wills, certain formalities have to be followed in the drafting process or will preparation, or else the will might not be legitimate. In general, these formalities exist with the goal of making fraud more challenging. The requirements for a will to be valid are pretty simple, but it's still possible to make mistakes in attempting to follow them. Most especially, you should know that a will must contain a provision stating that the person making it is of sound mind, and really intends the document to be a will. Furthermore, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.

Holographic Wills in Belmont, California

If you need to make a will quickly, some states authorize you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.

If holographic wills are valid in your state, courts will, as with any will, have to figure out what is really being said, and resolve ambiguities. Because holographic wills are not always written under ideal conditions, they have to be interpreted very liberally, so they can be given effect and not fail for technical reasons.

You should be aware that not all states recognize holographic wills. In such states, you can of course still handwrite your will if you want. But for the will to be legitimate, it has to be accompanied by all the formalities (including witnesses) required for any other will.

If your state authorizes them, a holographic will might be a good way to go in some cases. For instance, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. Nonetheless, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.

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How Can A Belmont, California Lawyer Help?

Because of the formalities that are required for most wills to be valid, it is normally a good idea to have a Belmont, California attorney help you make it, or at least go over it after you have written it, to make sure there aren't any problems with it.

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Life in Belmont

Belmont, California is a city in San Mateo County, in the southern portion of the San Francisco Bay Area. It currently has a population of about 25,000 people.

Belmont is known for having one of the most restrictive set of anti-smoking laws in the U.S. In Belmont, smoking is prohibited in all public parks, all workplaces, and all multistory apartment buildings. The law largely owes its existence to lobbying by a group of retirees who were concerned over the health effects of secondhand smoke drifting into their retirement community from outside. While the law is not particularly popular among smokers, non-smokers and public health organizations are overwhelmingly in favor of it.

Because this law imposes new regulations on landlords and business-owners, the lawyers of Belmont, California sometimes have to advise those parties about complying with the law, providing them with a good amount of business.

So, if you live in Belmont, California and are in need of a lawyer, you're in luck. There are plenty of successful and experienced Belmont, California attorneys who can help you with almost any legal issue.

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