The Do's and Don't s of writing your own Will
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A Cautionary Tale
First of all, if you live in California in 2009, and your net worth, including your home is less than $100,000, you probably should seek legal advice to have a trust. A will does NOT provide any assistance for asset management while you are alive (in a coma, dementia, Alzheimers, etc.). A will does NOT direct health care providers or provide for the support or payment to your dependents (spouses, children) while you are still living.
So, assuming your estate is worth less than $100,000 here is what you do:
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California Statutory Form Will
If you are going to do a will on your own, the best choice would be a California Statutory Form will. These are available for FREE at the California State Bar website: calbar.ca.gov/calbar/pdfs/publications/Will-Form.pdf.
Make sure you follow the instructions carefully.
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Holographic Will
The next best, and simplest will is the Holographic will. CAUTION:
1. It MUST be ENTIRELY in your OWN handwriting. One spouse cannot write it for the other, nor can both spouses sign the same will.
2. It MUST be dated and signed.
ANY thing in the document that is "type written" will be ignored by the judge as if it were not there.
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