Will Attorney in Glendale, CA

Why You Need a Will

Without a valid will, California's intestate succession laws determine who inherits your propertyand the results may not match your wishes. The state decides who gets what, who raises your children, and who manages your estate. Don't leave these critical decisions to the government.

Why You Need BOTH a Will AND a Living Trust

The smartest estate plan includes both documents. Here's why:

• Living Trust: Holds your major assets (home, bank accounts, investments) - avoids probate completely
• "Pour-Over" Will: Catches any assets you forgot to transfer to the trust and sends them there
• Only a Will Can: Name guardians for minor children (trusts can't do this)
• Safety Net: Ensures nothing is left out of your estate plan

Good news: When you create a living trust with us, we include a pour-over will, power of attorney, healthcare directive, and HIPAA authorization at no extra charge. It's a complete package for less than many attorneys charge for a will alone.

1. Simple Will (Formal Witnessed Will)

Most Common | Most Reliable

A simple will is a typed document signed by you and witnessed by two adults. This is the most common and legally sound option.

Requirements:

• Must be in writing (typed or word processed)
• You must be at least 18 years old and of sound mind
• Must be signed by you (or someone at your direction)
• Must be witnessed by two adults who sign in your presence
• Witnesses should not be beneficiaries (to avoid complications)

2. Pour-Over Will

Used With a Living Trust

A pour-over will is designed to work with a living trust. It "catches" any assets you forgot to transfer to your trust and automatically sends them there upon your death.

How it works:

• You create a living trust and transfer most assets to it
• The pour-over will acts as a safety net for anything missed
• Upon death, any assets in your name alone "pour over" into the trust
• Trust terms then govern how assets are distributed

Note: Assets caught by a pour-over will may still go through probate (if over $184,500), but they'll ultimately be distributed according to your trust. This is why it's important to properly fund your trust during your lifetime.

3. Holographic Will

Handwritten - Use Only in Emergencies

A holographic will is entirely handwritten and signed by you. No witnesses are required, but this creates risks.

Requirements:

• Must be entirely in your own handwriting (no typed portions)
• Must be signed by you
• Must contain material provisions in your handwriting
• No witnesses required

Major Problems with Holographic Wills:

• Often challenged due to questions about authenticity
• Ambiguous language leads to family disputes
• Easy to make legal mistakes that invalidate the document
• Missing critical provisions (executor powers, guardianship, etc.)
• Probate court may require handwriting experts to authenticate

My Recommendation: Holographic wills should only be used in true emergencies (deployed military, deathbed situations, etc.). For proper protection, invest in a professionally prepared will or living trust.

4. Joint Will (Not Recommended)

A joint will is a single document signed by two people (usually spouses) as their will. After one dies, the survivor cannot change the terms.

Why I Don't Recommend Joint Wills:

• Inflexible - survivor cannot adapt to changed circumstances
• Creates legal complications after first death
• Can cause serious problems if survivor remarries or has new children
• Often leads to litigation

Better Alternative: Separate wills or a joint living trust with flexible provisions.

Parents with Minor Children

CRITICAL - This is Non-Negotiable

If you have children under 18, a will is absolutely essential because it's the only legal document that allows you to:

• Name a Guardian: Choose who will raise your children if both parents die
• Name an Alternate Guardian: In case your first choice cannot serve
• Provide Instructions: Specify your wishes for their upbringing, education, and values
• Protect Their Inheritance: Designate how money should be managed until they're mature enough

What happens without a will: A judge who doesn't know your family decides who raises your children. This can lead to family conflicts, lengthy court battles, and your children ending up with relatives you wouldn't have chosen.

Homeowners

If you own real estate in California, a will (or better yet, a living trust) is essential to:

• Specify who inherits your home
• Avoid family disputes over property
• Prevent forced sales to divide assets

Important: If your home equity plus other assets exceeds $184,500, you'll face mandatory probate. A living trust avoids this entirely. Our trust packages include a will at no extra charge.

Married Couples & Domestic Partners

Even if you think your spouse inherits everything automatically, California law says otherwise:

• Spouse may receive only 1/3 to 1/2 if you have children
• Separate property (owned before marriage) may go to your children or parents
• Blended families create complex inheritance scenarios
• Second marriages especially need clear documentation

Anyone with Assets Over $184,500

This is California's probate threshold. If your total estate exceeds this amount, your family faces mandatory probate unless you have a living trust.

Your estate includes:

• Real estate value (minus mortgages)
• Bank accounts and investments
• Retirement accounts without beneficiaries
• Life insurance without beneficiaries
• Business interests
• Personal property and vehicles

Reality check: In California, a modest home plus normal savings easily exceeds $184,500. Most homeowners need a living trust, not just a will.

Business Owners

If you own a business, you need estate planning documents to:

• Specify who inherits or runs the business
• Prevent forced liquidation to pay taxes or divide assets
• Avoid business disruption during probate
• Provide for business continuity

Unmarried Couples

If you're in a committed relationship but not married, your partner has ZERO inheritance rights under California law without a will. Everything goes to your blood relativeseven if you haven't spoken to them in years.

People Who Want to Leave Money to Charity

Without a will, nothing goes to charitable causes. California intestate succession only recognizes relatives. If you want to support causes you care about, you need a will or trust.

Anyone with Specific Distribution Wishes

Want to:

• Leave specific items to specific people (jewelry, artwork, collections)?
• Distribute assets unequally among children (perhaps due to special needs)?
• Exclude certain relatives from inheritance?
• Provide for pets or leave instructions for their care?

You need a will to make these wishes legally binding.

1. Distribution of Assets

Specify who gets what:

• Specific Bequests: "I leave my diamond ring to my daughter Sarah"
• Percentage Distributions: "I leave 50% to my spouse and 25% to each child"
• Residuary Estate: What happens to everything else not specifically mentioned
• Alternate Beneficiaries: Who inherits if your first choice dies before you

2. Guardianship Nominations

For minor children (under 18):

• Guardian of the Person: Who will physically raise your children
• Guardian of the Estate: Who will manage money for your children (can be the same or different person)
• Alternate Guardians: Backup choices if your first choice cannot serve
• Special Instructions: Religious upbringing, education preferences, values

Important: A will is the ONLY document that allows you to nominate guardians. Living trusts cannot do this.

3. Executor Appointment

Your executor (called "personal representative" in California) manages your estate through probate:

• Gathers and manages your assets
• Pays debts, taxes, and expenses
• Distributes assets according to your will
• Reports to the probate court

Always name at least one alternate executor in case your first choice cannot serve.

4. Specific Bequests

Leave specific items to specific people:

• Family heirlooms and jewelry
• Collections (art, cars, memorabilia)
• Real estate properties
• Business interests
• Personal property with sentimental value

5. Trust Provisions for Minor Beneficiaries

If beneficiaries are minors, you can establish testamentary trusts within your will to:

• Hold and manage assets until they reach a specified age
• Distribute at different ages (e.g., 1/3 at 25, 1/3 at 30, remainder at 35)
• Provide for education, health, and living expenses before full distribution

Note: A living trust offers more flexibility and avoids probate. Consider a trust instead of relying solely on testamentary trust provisions.

6. Disinheritance Provisions

In California, you can disinherit anyone except your spouse (who has a legal right to claim up to 50% of community property). To disinherit someone effectively:

• Explicitly state the disinheritance in your will
• Name the person specifically
• Consider leaving a small amount ($1) to prove it wasn't an oversight

7. Charitable Bequests

Leave money or assets to organizations you care about:

• Specific dollar amounts
• Percentage of your estate
• Residuary gifts (what's left after other bequests)

8. Digital Assets

Address modern assets:

• Social media accounts
• Cryptocurrency and digital wallets
• Online business accounts
• Digital photos and files
• Email accounts

9. Pet Care Provisions

California law allows you to leave money for pet care:

• Designate a caretaker for your pets
• Leave funds for their care
• Provide instructions for their well-being

Better Option: Create a pet trust for more comprehensive protection.

Legal Requirements

1. Age: You must be at least 18 years old
2. Mental Capacity: You must be of "sound mind" (understand what a will is, know what property you own, know who your relatives are)
3. Written Document: Must be in writing (typed or handwritten)
4. Your Signature: Must be signed by you, or by someone at your direction in your presence
5. Witnesses: Two witnesses must sign in your presence (for formal wills)
6. Witness Requirements: Witnesses must be adults (18+) and should not be beneficiaries
7. Intent: Must be created with the intent that it operates as your will

Self-Proving Affidavit (Highly Recommended)

A self-proving affidavit is a notarized statement signed by you and your witnesses that makes probate easier. Benefits:

• Witnesses don't need to testify in court after your death
• Speeds up the probate process
• Prevents problems if witnesses can't be located later
• Reduces challenges to your will's validity

All wills we prepare include a self-proving affidavit at no extra charge.

Common Mistakes That Invalidate Wills

• Beneficiaries serving as witnesses (creates legal presumption of undue influence)
• Not signing the will
• Witnesses not present at the same time
• Adding handwritten changes after signing (creates ambiguity)
• Using outdated forms that don't comply with current California law
• Failing to revoke previous wills properly
• Ambiguous language that creates disputes

Choosing an Executor

Your executor manages your estate through probate. Choose someone who is:

• Trustworthy: Will handle finances honestly
• Organized: Can manage paperwork and deadlines
• Financially Responsible: Understands money management
• Available: Has time to devote to the process (9-18 months)
• Patient: Can deal with courts, attorneys, and family members
• Local (Preferred): Easier if they live in California

Common Choices:

• Spouse or adult child
• Trusted sibling
• Close friend
• Professional fiduciary (for complex estates)

Always name alternates! Your first choice may predecease you or be unable to serve.

Choosing Guardians for Minor Children

This is the most emotionally difficult but critical decision. Consider:

• Parenting Values: Will they raise children consistent with your values?
• Age and Health: Young and healthy enough to raise children to adulthood?
• Financial Stability: Can they afford additional children?
• Location: Would your children have to move and change schools?
• Relationship: Do your children know and love this person?
• Willingness: Have you asked them if they're willing to serve?
• Marital Stability: Is their relationship stable?

Important Considerations:

• The best guardian may not be the best financial manager - you can split these roles
• Consider geographic location and impact on children's stability
• Always discuss your choice with the person first
• Name multiple alternates in case circumstances change
• Update as children grow and circumstances evolve

Mistake #1: Thinking a Will Avoids Probate

Reality: A will doesn't avoid probateit guarantees probate. In California, if your estate exceeds $184,500 (very easy with a home), your will must go through probate court. This means:

• 9-18 months of court supervision
• State-mandated fees (4% of first $100k, 3% of next $100k, etc.)
• Attorney fees equal to the statutory fees
• Public recordsanyone can see what you owned

Solution: Use a living trust to avoid probate entirely. We include a pour-over will with every trust at no extra charge.

Mistake #2: Using DIY Online Will Forms

Online will services seem cheap ($99-$199), but they create massive problems:

• Generic Templates: Don't address California-specific laws
• Missing Provisions: Critical clauses often omitted
• Improper Execution: Witness and signing requirements not properly explained
• No Legal Advice: Software can't answer questions or customize for your situation
• False Security: You think you're protected, but the will may be invalid

I've seen countless DIY wills rejected by probate courts, forcing families into expensive litigation. The $99 savings becomes a $20,000 problem.

Mistake #3: Never Updating Your Will

Life changes. Your will should too. Update your will when:

• You get married or divorced
• Children are born or adopted
• Beneficiaries die
• You acquire major assets (home, business)
• You move to a different state
• Tax laws change
• Named executors or guardians are no longer suitable

General rule: Review your will every 3-5 years, and always after major life events.

Mistake #4: Handwritten Changes (Codicils)

Never make handwritten changes to a signed will. Crossing out names, writing in margins, or adding notes creates:

• Questions about validity
• Family disputes over your intent
• Possible complete invalidation of the will
• Expensive litigation to interpret your intent

Proper way to make changes: Execute a formal amendment (codicil) or create a new will that revokes the old one.

Mistake #5: Beneficiaries Serving as Witnesses

California law creates a presumption that a beneficiary who witnesses your will exerted "undue influence." This can:

• Invalidate the gift to that beneficiary
• Trigger litigation and challenges
• Delay probate for years

Rule: Witnesses should be disinterested parties (not beneficiaries, not related to beneficiaries).

Mistake #6: Not Coordinating Beneficiary Designations

Your will doesn't control:

• Life insurance (goes to named beneficiary)
• Retirement accounts - 401(k), IRA (goes to named beneficiary)
• Payable-on-death bank accounts (goes to named beneficiary)
• Transfer-on-death investment accounts (goes to named beneficiary)

If these beneficiary designations conflict with your will, the beneficiary designation wins. Review and coordinate all beneficiary designations with your overall estate plan.

Mistake #7: Not Discussing Your Plan with Family

Surprises after death lead to contests and litigation. Consider discussing your plan with:

• Your executorso they know what to expect
• Named guardiansso they can prepare
• Adult childrenespecially if distributions are unequal

You don't have to share every detail, but transparency reduces conflict after you're gone.

Mistake #8: Hiding Your Will

Your will can't be probated if no one can find it. Don't:

• Put it in a safe deposit box (bank may seal it upon death)
• Hide it in random places where it won't be found
• Keep only one copy with no one knowing where it is

Better: Keep the original in a secure but accessible location, tell your executor where it is, and give copies to trusted family members or your attorney.

Case Study: The Young Parents Who Prepared

Michelle and David, Ages 33 and 35, Pasadena - Two Children Ages 3 and 5

Michelle and David were young, healthy, and busy with two small children. They kept putting off estate planning"We're too young to worry about that."

Then Michelle's friend lost her husband in a car accident at age 34, leaving her to navigate the nightmare of dying without a will. Michelle called us the next day.

What we did:

• Created a living trust to hold their home and bank accounts (avoiding probate)
• Prepared pour-over wills naming Michelle's sister as guardian for the children
• Set up testamentary trusts so money would be managed until children turn 25
• Coordinated life insurance beneficiaries to pour into the trust

The result: Peace of mind. They knew if something happened, their children would be raised by someone they trusted, with money managed responsibly. Total cost: $675.

"We kept procrastinating until we saw what happened to our friend. Now we sleep better knowing our kids are protected no matter what." - Michelle P., Pasadena

Case Study: The Estate That Went to the Wrong Person

Robert, Age 62, Glendale - Died Without a Will

Robert was divorced with two adult children. He had been in a relationship with his girlfriend Susan for 8 years. They lived together, shared expenses, and considered themselves life partnersbut never married.

Robert always meant to create a will leaving everything to Susan and his children equally. He died suddenly of a heart attack before he got around to it. Total estate: $650,000 (home and savings).

What happened without a will:

• Under California intestate succession, Susan inherited NOTHING
• Everything went to Robert's two children (who Susan barely knew)
• The children legally owned the home Susan had lived in for 8 years
• Susan had to move out within 60 days
• Susan received none of the savings she helped accumulate
• The family ended up in bitter litigation

What would have happened with a will: Robert could have left his estate exactly as he wishedperhaps 50% to Susan and 25% to each child. Susan could have stayed in the home. Total cost of the will he should have created: $295.

Actual cost of not having a will: Susan lost her home and $325,000 she would have inherited. Legal fees exceeded $50,000. Relationships destroyed.

Case Study: The Guardian Dispute That Tore a Family Apart

Jennifer and Mark, Ages 28 and 30, Burbank - Three Children Ages 2, 4, and 6

Jennifer and Mark died together in a car accident. They had no will and had never discussed guardianship with family members.

The aftermath:

• Jennifer's mother (age 68) petitioned for guardianship
• Mark's brother (age 35) also petitioned for guardianship
• The children's maternal aunt also filed a petition
• Court battle lasted 14 months
• Legal fees depleted $75,000 from the children's inheritance
• Children lived in temporary foster care during the dispute
• Family relationships permanently destroyed

What would have happened with a will: Jennifer and Mark could have named their preferred guardian, explained their reasoning, and named alternates. The court would have strongly honored their wishes. Cost: $295. Time to resolve: immediate.

"The worst part wasn't just the legal battleit was knowing those kids suffered because their parents didn't take 30 minutes to sign a will." - Family Court Judge (anonymous)

Case Study: The Living Trust That Saved $45,000

Margaret, Age 71, Glendale - Widow with Estate Worth $800,000

Margaret came to us after her husband died and she went through probate. The experience was so expensive and frustrating that she was determined to spare her children the same ordeal.

Her husband's probate (with only a will):

• Duration: 16 months
• Statutory executor fees: $21,000
• Statutory attorney fees: $21,000
• Court costs and misc. fees: $3,000
• Total cost: $45,000
• Public records showing all assets
• Stress, delays, and complications

What we did for Margaret:

• Created a revocable living trust
• Transferred her home and bank accounts into the trust
• Named her daughter as successor trustee
• Included pour-over will, POA, and healthcare directive
• Total cost: $575

When Margaret passed away 5 years later, her daughter distributed the entire $800,000 estate within 3 weeksno probate, no court, no fees, complete privacy.

Savings: $45,000+

"After watching my mother go through probate for Dad's estate, I knew I had to do something different. The living trust was the best $575 I ever spent. My kids got their inheritance immediately with no hassle." - Margaret S., Glendale

Do I need a lawyer to write a will in California?

Technically noCalifornia allows you to write your own will using statutory forms or holographic (handwritten) wills. However, DIY wills frequently contain errors that make them invalid or cause expensive litigation after your death.

Reality: The $295 you save with a DIY will can become a $20,000+ problem for your family. With our affordable pricing ($295 for a will, or $575 for a complete living trust package that includes a will), professional legal help is within reach for everyone.

How much does a will cost in California?

Will costs vary widely:

• DIY online services: $99-$199 (but high risk of errors)
• Document preparation services: $200-$400 (not attorneys, can't give legal advice)
• Attorney-prepared wills: $300-$2,000+ depending on complexity and law firm overhead

Our pricing: $295 for a comprehensive will, or $575 individual/$675 couple for a complete living trust package that includes will, POA, healthcare directive, and HIPAA authorization.

Will vs Trust: Which do I need?

This is the most important question in estate planning. Here's the honest answer:

• You probably need BOTH
• Living Trust: Holds major assets, avoids probate, provides incapacity planning
• Pour-Over Will: Catches anything you forgot to put in the trust, names guardians for minor children

Who needs ONLY a will:

• Young adults with minimal assets (under $50,000 and no real estate)
• People who rent and have simple estates

Who needs a Living Trust:

• Anyone with assets over $184,500 (including home equity)
• All homeowners (probate in California is expensive)
• Anyone who wants to avoid probate delays and costs
• Business owners
• Anyone who values privacy
• Anyone concerned about incapacity planning

Bottom line: In California, most homeowners should have a living trust. Our complete trust package ($575 individual, $675 couple) includes a will at no extra charge.

How often should I update my will?

Review your will:

• Every 3-5 years as a general rule
• After major life events: Marriage, divorce, birth/adoption, death of beneficiary, significant asset acquisition
• After moving to a different state
• When tax laws change (though less important after 2017 tax reform increased exemptions)
• When executors or guardians are no longer appropriate

Can I disinherit my spouse in California?

Not completely. California is a community property state, which means your spouse has a legal right to at least 50% of community property (assets acquired during marriage). You can disinherit them from your separate property (owned before marriage or received as gift/inheritance), but not from community property.

Exception: If your spouse signs a valid prenuptial or postnuptial agreement waiving inheritance rights.

Can I disinherit my children in California?

Yes. Unlike some states, California does not require you to leave anything to your children. To disinherit a child:

• Explicitly state the disinheritance in your will
• Name the child specifically
• Consider leaving a small token amount ($1) to show it wasn't an oversight

Warning: If you don't mention a child at all (born after the will was signed), California law may assume you forgot to include them and give them an intestate share.

What happens to my will when I die?

After your death:

1. Your executor files your will with the probate court
2. Court validates the will and formally appoints the executor
3. Executor inventories your assets
4. Creditors are notified and paid
5. Taxes are filed and paid
6. Assets are distributed according to your will
7. Executor files final accounting with the court
8. Estate is closed (typically 9-18 months)

With a living trust: None of this happens. Your successor trustee distributes assets in days/weeks with no court involvement.

Is a handwritten will legal in California?

Yes, if it meets specific requirements:

• Entirely in your handwriting (no typed portions)
• Signed by you
• Material provisions in your handwriting

Problems with handwritten wills:

• Often challenged for authenticity
• Frequently contain ambiguous language
• Missing critical provisions
• Court may require handwriting experts ($$$)

Recommendation: Use handwritten wills only in true emergencies. For $295, get a professionally prepared will that will actually work when your family needs it.

Can I make my own will changes?

Never make handwritten changes to a signed will. Proper ways to modify a will:

• Codicil: A formal amendment executed with same formalities as original will (signing, witnesses)
• New Will: Create a new will that explicitly revokes all prior wills (usually better option)

Never cross out names, write in margins, or add sticky notes. These create ambiguity and often invalidate provisions or the entire will.

Where should I keep my will?

Good options:

• Fireproof home safe (but tell executor where it is)
• With your attorney (we store original wills at no charge)
• Secure location at home that executor knows about

Bad options:

• Bank safe deposit box (may be sealed upon death)
• Hidden location no one knows about
• Random drawer where it might be lost

Best practice: Keep original in safe location, give executor a copy, and tell multiple trusted people where the original is stored.

25+ Years of California Estate Planning Experience

Attorney Rozsa Gyene has been practicing estate planning law in California since 2001. With over two decades of experience serving thousands of families, we know exactly how to prepare wills that comply with California law and actually work when your family needs them.

Honest, Affordable Pricing

We'll be honest with you: Most families need a living trust more than just a will. But we also understand that $295 for a will may fit your budget better than $575 for a trust. We'll explain the pros and cons of each option and let you decide what's right for your familyno pressure, no sales tactics.

• Will only: $295
• Complete living trust package (includes will): $575 individual, $675 couple

Personal Attention from an Experienced Attorney

You'll work directly with Attorney Rozsa Gyenenot a paralegal, not a document preparer, not a website. We take time to understand your unique family situation and customize your documents accordingly. We explain everything in plain English and answer all your questions.

Fast Turnaround

Most clients receive their completed will within 1-2 weeks. Need it faster? We offer expedited service for urgent situations. We understand that sometimes you need documents quicklybefore surgery, before travel, or for peace of mind.

Complete Estate Planning Services

We handle all aspects of estate planning and probate:

• Living Trusts - Avoid probate completely
• Power of Attorney - Financial and medical decision-making
• Trust Administration - Help after a loved one passes
• Probate - We advance all costs
• Conservatorship - For incapacitated loved ones
• Guardianship - For minor children

Ready to Create Your Will?

Call now for a free consultation with an experienced will attorney

(818) 291-6217

Office Location:
450 N Brand Blvd, Suite 600
Glendale, CA 91203

Serving Glendale, Los Angeles, Burbank, Pasadena, and all of Southern California