Fontana, CA asked in Estate Planning for California

Q: I filled out a Will online and printed out all of my forms My legal question is I would like to know In the The state of

California what parts need nortization it includes a health care directive POA finance/health direction pages is a little unclear station it’s optional.

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2 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: A lot of estate planning documents online are faulty, so it is always best to have a lawyer prepare your documents. I know that sounds self-serving but, just yesterday, I met with a person who drafted her own trust and amended it several times on her own. She ended up creating four different trusts without knowing it -- and her assets were only titled in the name of one trust. She created a huge legal problem for herself without knowing it. This is one area of law where documents can easily end up saying something different than the person intends and, after they have passed away, they won't know they created a mess for their family to clean up. I am happy to answer your questions but, if you want to be certain you aren't using the wrong word in the wrong way, you should have a lawyer prepare the documents for you. That having been said, a will and a health care directive needs two witnesses and a durable power of attorney needs to be notarized. Again, just having witnesses and a notary authenticate your identity does not mean that the language in those documents will protect you. I'm sincerely trying to look out for your loved ones. If the documents do not LEGALLY say what you want them to say, your desires will not be fulfilled. Saving a dollar up front does not necessarily mean your family won't spend ten times more in probate court later. Sorry to say that but, based on my experience, this happens more than people care to know.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: A lot of estate planning documents online are faulty, so it is always best to have a lawyer prepare your documents. I know that sounds self-serving but, just yesterday, I met with a person who drafted her own trust and amended it several times on her own. She ended up creating four different trusts without knowing it -- and her assets were only titled in the name of one trust. She created a huge legal problem for herself without knowing it. This is one area of law where documents can easily end up saying something different than the person intends and, after they have passed away, they won't know they created a mess for their family to clean up. I am happy to answer your questions but, if you want to be certain you aren't using the wrong word in the wrong way, you should have a lawyer prepare the documents for you. That having been said, a will and a health care directive needs two witnesses and a durable power of attorney needs to be notarized. Again, just having witnesses and a notary authenticate your identity does not mean that the language in those documents will protect you. I'm sincerely trying to look out for your loved ones. If the documents do not LEGALLY say what you want them to say, your desires will not be fulfilled. Saving a dollar up front does not necessarily mean your family won't spend ten times more in probate court later. Sorry to say that but, based on my experience, this happens more than people care to know.

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