Wills And Trusts Attorney
Rocklin and Roseville

Writing a will is one of the most important steps in securing your family’s future and ensuring your wishes are honored. Yet many people unintentionally make errors that can cause disputes or even render the document invalid. Here are some of the most common mistakes:

• Failing to update the will: Life events such as marriage, divorce, the birth of children or grandchildren, or acquiring new property should prompt revisions to your will. If it isn’t updated, loved ones may be unintentionally excluded or disputes may arise.
• Using vague or unclear language: A will must be precise. Simply leaving “my house” without specifying the address or legal description can create confusion if you own multiple properties. Ambiguous wording often leads to disagreements or misinterpretations in court.
• Not naming alternates: If your chosen executor dies before you or declines to serve, and you have not named an alternate, the court will appoint someone you may not have chosen. Without specifying alternates, your assets may be distributed to unintended recipients.
• Relying on DIY templates: Online forms or handwritten wills may not meet state-specific requirements, such as witness signatures, notarization, or particular legal phrasing. These can invalidate your will and force your estate into intestacy.
• Overlooking taxes, debts, and non-probate assets: A will that only names heirs for physical property ignores larger issues such as outstanding debts, estate taxes, or assets like retirement accounts and life insurance policies that pass directly to named beneficiaries. A comprehensive estate plan ensures your entire financial picture is addressed.

While it is technically possible to establish a trust without an attorney, doing so comes with significant risks. Trusts are complex legal documents that must comply with state-specific laws and meet strict requirements to be valid. Errors in drafting or funding the trust, such as transferring ownership of assets into the trust, can undermine its effectiveness.

An experienced estate planning attorney can help you determine which type of trust best meets your goals. For example, a revocable living trust allows you to maintain control of your assets during your lifetime, while an irrevocable trust may protect assets from creditors. Special needs trusts, charitable trusts, and generation-skipping trusts each have unique benefits.

In California, there are also technical requirements for properly funding a trust. Real estate, for instance, must be retitled with a new deed naming the trustee. Bank accounts, investment accounts, and even business interests must be transferred to the trust to avoid probate. Many people set up trusts but fail to transfer assets, which renders the trust largely ineffective.

Hiring an attorney ensures your trust is legally sound, tailored to your family’s situation, and properly funded. This helps avoid probate and ensures your intentions will be honored.

The idea of a dramatic “reading of the will” in front of family members is largely a myth popularized by movies and television. In practice, the will is not read aloud formally. Instead, after a person’s death, the executor locates the will and files it with the probate court. In California, the law requires the will to be filed within 30 days of the testator’s death.

Once filed, the will becomes part of the probate process, which validates the document and gives the executor authority to act. At this point, the will is a public record, and any interested party can obtain a copy through the court. The timeline for this process varies, but generally, beneficiaries are notified within weeks to a few months after the death.

After the will is filed with the probate court, the executor has a legal duty to notify all beneficiaries named in the will, as well as heirs who would have inherited under intestate succession if no will existed. This is done through a formal notice, often mailed to the beneficiaries, which informs them of the probate proceeding, their potential inheritance, and their right to contest the will if they believe it is invalid.

In California, Probate Code Section 8200 requires the custodian of the will (the person who has possession of it) to deliver the original will to the court and mail a copy to the executor and beneficiaries. The executor must also file a petition for probate, and notice of the hearing is mailed to all interested parties. This provides heirs with the opportunity to raise objections before the process proceeds.

Before your death, no one other than you, your drafting attorney, and the two witnesses who sign the will is required to see the document. You may share a copy with your executor so they know where to find the original when the time comes. However, there is no legal obligation to provide a copy to beneficiaries, family members, or anyone else while you are alive.

It is wise to at least inform your executor of the existence and location of your will, whether it is stored in a safe deposit box, at home, or with your attorney. Keeping the will accessible helps avoid confusion or disputes after your death. Providing copies to beneficiaries while you are alive is optional, and many people choose not to do so to preserve privacy and flexibility.

In California, a trust must meet several legal requirements to be considered valid:

• Capacity: The person creating the trust (the settlor) must be at least 18 years old and of sound mind.
• Intent: The settlor must clearly express an intention to create a trust. This is typically done through a written trust document.
• Trust property: There must be identifiable property placed into the trust, known as the “trust corpus.” This can include real estate, bank accounts, investments, or personal property.
• Trustee: A trustee must be named to manage the assets. The trustee can be the settlor, another individual, or a professional fiduciary.
• Beneficiaries: The trust must name beneficiaries who will receive the assets in accordance with the trust terms.
• Lawful purpose: The trust must be created for a lawful purpose and cannot violate public policy.

California law also requires certain formalities for specific types of trusts. For example, if the trust holds real estate, a new deed must be recorded with the county to transfer ownership into the trust. If the trust is irrevocable, additional tax considerations and requirements may apply. Without these elements, a trust may be deemed invalid, leaving assets subject to probate.