More than 50% of Americans don’t have a will! A great majority of those people probably need one. Do you?
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Of course you are concerned about who will be the guardian of your children if you pass away, of course you care who will get your assets when you are gone, of course you care if your last wishes are executed. OF COURSE YOU NEED A WILL!
Too many people are reluctant to get a will because they think they will get to it later, maybe they think that it is something morbid and they don’t want to do think about it. Although many people claim to not need a will, it is a very practical thing to have. A will gives instructions to be carried out once you pass away. It allows you to choose the guardian of your children, choose the beneficiaries of your will, choose how your assets will be distributed, and allows you to choose who exactly will execute all of that.
Some people are unsure whether they even need a will if they already have a living trust. California law allows residents to have both a living trust and a will. But are both advisable? Yes!
A living trust, although an important part of estate planning, may not accomplish all your wishes. For one, a living trust does not allow you to name the guardian of your children once you pass away. Secondly, a living trust may not include all of your assets. That is why most people with a living trust have a pour over provision in their will stating that all those remaining assets should be transferred to the trust.
All in all, both a living trust and a will are important parts of estate planning and something that you should look into getting before it is too late. If you don’t have an estate plan or you have a living trust but no will- CONTACT US today at one of our three office locations: Los Angeles Office at (213) 687-8080, Orange County Office at (949) 200-4612, or our Glendale/ Montrose Office at (818) 248-0006. You can also visit our website at www.burnsattorneys.com .