Will Preparation in Berkeley, California

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In Berkeley, 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 intricate trust arrangement.

But even if the will is comparatively simple, some preventable problems can derail the process. An efficient lawyer in Berkeley, 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 truly intends the document to be a will. Additionally, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.

Holographic Wills in Berkeley, California

If you need to make a will quickly, some states permit 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 truly 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.

But you should be aware that not all states permit holographic wills. In these states, you are still permitted to hand write your will if you so desire, but they must be accompanied by all the formalities necessary by the law of that state.

Making a holographic will is rarely the ideal option. But it's occasionally the only option. If you find yourself suddenly needing to make a will, a holographic will is definitely an option, if they're recognized in your state. If possible, though, you should still speak with an attorney, who can review your holographic will and suggest any fixes that will make it simpler to meet your goals.

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How Can A Berkeley, California Lawyer Help?

Because of the formalities that are required for most wills to be valid, it is typically a good idea to have a Berkeley, 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 Berkeley

Berkeley, California is a city in Alameda County, California. Its population is currently about 113,000 people. Berkeley, California is located on the Eastern shores of the San Francisco Bay Area.

Berkeley, California is known for being home to the University of California, Berkeley, which is considered one of the top public universities in the United States.

Berkeley is also known as being a major center of mostly-liberal social activism. 

The economy of Berkeley, California is based almost entirely around the university. However, because UC Berkeley is a major center of scientific research, as well as the liberal arts, it employs a very large number of scientists and engineers, as well as noted luminaries in the liberal arts, such as lawyers and law professors.

The University of California, Berkeley School of Law is ranked as one of the top 5 law schools in the United States, and has produced some incredibly successful lawyers.

If you live in or near Berkeley, California and need legal advice, chances are good that a Berkeley, California attorney can help.

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