Best Will & Testament Lawyers in Burlingame

About Will & Testament Law in Burlingame, United States

A Will & Testament is a legal document that allows individuals to specify how their assets, property, and personal belongings will be distributed after their death. In Burlingame, California, which is located in San Mateo County, Wills must follow both state and local regulations. This area of law helps ensure that your wishes are honored and that your loved ones are provided for according to your instructions. Drafting a valid Will can avoid confusion, reduce family disputes, and streamline the probate process.

Why You May Need a Lawyer

While it is technically possible to draft a Will without legal assistance, several situations commonly require the expertise of a lawyer. These include blended families, complex assets like businesses or real estate, minor children in need of guardianship designations, and situations where you wish to disinherit a relative. Lawyers can also provide significant guidance if there are concerns about mental capacity, potential for contested Wills, or specific wishes regarding trusts or charitable donations. A qualified attorney ensures your Will is valid, comprehensive, and minimizes the chances of disputes or legal challenges.

Local Laws Overview

In Burlingame, as in the rest of California, Wills are governed by the California Probate Code. Some key aspects include:

• The testator (the person making the Will) must be at least 18 years old and of sound mind.
• A valid Will must be in writing and signed by the testator or another person under the testator’s direction and presence.
• At least two witnesses must be present at the signing and must also sign the Will.
• California recognizes holographic (handwritten) Wills without witnesses, although these can be subject to more scrutiny.
• California is a community property state, which means spouses generally share equal ownership of property acquired during the marriage.
• The probate process, which is the legal process of administering the estate, is handled by the San Mateo County Superior Court.
• If someone dies without a Will, state intestacy laws determine how assets are distributed.

Local processes and requirements may vary, so it is important to consult a professional familiar with Burlingame and California rules.

Frequently Asked Questions

What happens if someone dies without a Will in Burlingame?

If you die without a Will, your estate will be distributed according to California’s intestate succession laws. This usually means your closest relatives, such as your spouse and children, will inherit your assets according to predetermined rules, not necessarily your wishes.

Can I write my own Will?

Yes, you are allowed to write your own Will in California, including holographic (handwritten) Wills, but it is recommended to seek legal guidance to ensure validity and clarity.

What should a Will include?

A Will typically includes information about your beneficiaries, designation of an executor, guardianship for minor children, specific gifts, and instructions for asset distribution.

Is a Will from another state valid in California?

Generally, a Will executed in another state is valid in California if it was valid under the laws of the state where it was made, but it is wise to have it reviewed as laws and terminology can vary.

Who can be a witness to my Will?

Witnesses must be at least 18 years old, and ideally should not be people who will inherit under the Will, to avoid conflicts of interest or contests.

How do I revoke or change my Will?

A Will can be changed by creating a codicil (an amendment) or by drafting a new Will, which should clearly state that all previous Wills are revoked.

Do Wills need to be notarized in Burlingame?

Notarization is not required for Wills in California, but it is strongly recommended for Self-Proving Affidavits, which can help speed up probate by confirming the validity of the Will without needing to locate the witnesses later.

How long does the probate process take?

Probate in San Mateo County can take several months to over a year, depending on the complexity of the estate and whether there are disputes or claims against the estate.

What is the role of an executor?

The executor manages the estate, pays debts, files taxes, and distributes the assets according to the Will’s instructions, under court supervision.

Can I disinherit someone in my Will?

You generally have the right to disinherit anyone except your spouse (who may have community property rights) and minor children (who may have certain protections). Consultation with a lawyer is important to ensure your wishes are upheld.

Additional Resources

• San Mateo County Superior Court Probate Division - handles probate matters, including estate administration and disputes.
• California State Bar Association - offers resources for finding qualified estate planning attorneys in the Burlingame area.
• California Courts Self-Help Center - provides legal information about Wills, probate, and estate administration.
• Legal Aid Society of San Mateo County - offers assistance to those with limited income in the Burlingame region.
• Local public libraries and community centers - often have free legal workshops or clinics regarding basic estate planning.

Next Steps

If you are considering creating or updating a Will, start by gathering information about your assets, debts, and family situation. Consider your wishes for guardianship, asset distribution, and potential executors. Next, consult with a qualified estate planning attorney in or near Burlingame who understands both state and local laws. They can review your unique circumstances, ensure your documents are legally valid, and help you avoid mistakes that could cause confusion or conflict later. If you need assistance finding a lawyer or legal resources, reach out to local legal aid organizations or the San Mateo County Bar Association for referrals. Update your Will regularly as your life circumstances change to keep it current and effective.