Will

Awill is a legal instrument that allows you to express your wishes upon your death. A properly drafted and executed will becomes irrevocable after you die. The document can instruct how you wish to distribute your assets and who you would like to serve as the guardian of your minor children. A will allows you to name beneficiaries of specific assets in your estate and direct how the remaining assets should be divided. You can also name an executor of your estate to manage your assets, pay any outstanding debts or expenses, and distribute your assets to your beneficiaries in accordance with your will.

Certain assets are not covered by a will, including any payable on death accounts, assets held in joint tenancy with right of survivorship, retirement plans and insurance policies with named beneficiaries, and assets held in a living trust. Wills are executed through a court-supervised process called probate, which is a public proceeding. Probate subjects your estate to attorney fees and executor fees,  and the probate process generally takes longer than administering a living trust. Without a will, your assets are distributed to your heirs at law, as dictated by California law.

Bartlett & Herrington drafts wills for individuals in California as part of a comprehensive estate plan and our law firm represents clients in Santa Barbara, Montecito, Summerland, Carpinteria, Ventura, Ojai, Thousand Oaks, and Simi Valley.