Why It’s Essential to Make Decisions About What’s in Your Will

Posted On January 6, 2012

Are you willing to die intestate, without a Will, and let the courts have control of your assets? Do you have something of sentimental value that should go to a particular relative? Do you want your property dealt with fairly? Then you need a Living Will or a Living Trust. What’s the difference you may ask? The use of a Trust will allow you to circumvent the probate process so that your final wishes are processed in a timely manner. A Trust can also help to avoid estate taxes. Wills and probate can be complicated matters and choosing the right one requires information.

There are Simple Wills, where you choose a beneficiary to receive your assets, but your creditors can still go after those assets. There is a Comprehensive Will that makes available creditor protection. There is a Tax-Saving Will, which, as it name implies, does away with transfer taxes. There are Living Trusts that can help with creditors and provide for you if you can no longer manage yourself. There is a Credit Shelter Trust that is a safe haven against taxes. Confused?

Do not try to go online and make a Will by yourself. After all this is your life’s work we’re talking about. Talk to an attorney and set it up properly; do not hide your intentions, let everyone know, no secrets. Do not allow your assets to mix with other monies. Keep yourself structured and gather all records, documents, and any statements and keep them in a safe place. In today’s online world, include make sure to include login IDs and passwords.

A lifetime’s worth of dreams need help to be distributed to loved ones. In a time when all are grieving, don’t add to that pain by not having a will or trust.


Christina M. Hernandez is the Director and Owner of Attorney Assisted California Centers in Orange, CA . Attorney Assisted is a leading paralegal service provider in Orange County, preparing and filing all legal documents. Also known as Legal Document Assistants, they are a more affordable alternative than going through lawyers for the same notary services. We also offer full divorce services, handling all divorce papers and guiding clients through the entire process out of court. Join me at Google+.

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