Last Will and Testament Attorneys
A legally sound Will is one of the most important documents you can create for your family. It names guardians for your minor children, designates the executor who will manage your estate, and ensures your assets are distributed according to your wishes. Whether your Will works alongside a trust or serves as your primary planning document, our attorneys will draft it to reflect your exact intentions.
After our daughter was born in 1985, we modified our wills to list appropriate guardians for her and updated our trust. Again, Larry made this process easy to accomplish He made sure that should anything happen to us, our daughter and her guardians would have access to her inheritance when she needed it which gave us peace of mind.
In 1999, the Wife’s mother went into hospice without a will or trust. Larry was able to meet with her mom and make sure power of attorney and medical power of attorney was properly established. His kindness during this difficult time meant a lot to our family.
In 2005 with our daughter turning 21, we three met with Larry in his office to go over the wills and trust with her, so she would understand that everything was taken care of and that she had nothing to worry about. Again, this brought us all great peace of mind. Larry reminds us on a regular basis to review and update our wills and trust as needed.
In 2012, as we were thinking about retiring, Larry was able to make a terrific suggestion for a financial advisor who would help us set up our retirement program. Since this was something neither of us had any skill with, his recommendation, knowing our situation, was perfect.
In 2024, when a friend of ours was hospitalized, her daughter needed to be named as power of attorney and medical power of attorney, so we suggested Larry, who visited once she was discharged and was able to establish the appropriate documentation. This brought great peace of mind to our friend and her daughter.
Now, Davis & Davis LLP has been established with Larry’s son, Eric. Our daughter is looking forward to meeting with them so she may create her own will and trust. We know that Eric is going to be as thorough and caring as his father. After 40+ years with this law firm, we cannot be more delighted with their experience and care for their clients.
If you’re looking for reliable guidance on estate planning, asset protection, or preparing important legal documents, I highly recommend them. They truly care about their clients and take the time to explain your options so you feel confident about your decisions.
Highly recommend for anyone needing help with wills, trusts, powers of attorney, or comprehensive estate planning services.
WHY IT MATTERS
What Happens to Your Family Without a Will?
Without a valid Will, California’s intestacy laws determine who inherits your assets, who raises your children, and who manages your estate. These default rules do not consider your relationships, your preferences, or your family’s unique circumstances. The consequences are entirely preventable.
The State Decides Who Inherits
If you die without a Will in California, state law dictates how your assets are divided among your surviving spouse, children, parents, siblings, and other relatives. The distribution may not reflect your wishes, and individuals you would have chosen to provide for (such as a long-term partner, stepchild, or close friend) may receive nothing.
A Court Chooses Your Children's Guardian
Without a Will that names a guardian, the court decides who will raise your minor children. The judge does not know your family, your values, or your preferences. Relatives may disagree and contest the appointment, leading to a difficult and public legal proceeding during an already devastating time for your children.
A Stranger May Manage Your Estate
Without a designated executor, the court appoints an administrator to settle your estate. This person may be someone you would not have chosen, and they may not understand your financial situation, your family dynamics, or your intentions. A Will puts the right person in charge from the start.
YOUR FAMILY DESERVES CERTAINTY
Make Your Wishes Legally Binding
A properly drafted Will gives your family clear direction during one of the most difficult times they will face. In a free, no-obligation consultation, our attorneys will review your situation and help you put the right plan in place.
COMPREHENSIVE PROTECTION
What Your Will May Address
A Will is more than a list of who gets what. It is a legally binding document that addresses some of the most important decisions your family will face. Depending on your circumstances, your Will may cover any of the following.
Guardian Nominations
If you have minor children, your Will is the only legal document that allows you to name the person you want to raise them. You can also name alternate guardians in case your first choice is unable to serve.
Executor Designation
Your Will names a personal representative (executor) who is responsible for managing your estate through the probate process, including paying debts, filing taxes, and distributing assets to your beneficiaries.
Asset Distribution
Your Will specifies how your property, personal belongings, and financial accounts should be distributed. You can leave specific items to specific people, divide assets by percentage, or include conditional provisions.
Pour-Over Provisions
If you also have a revocable living trust, your Will can include a pour-over clause that directs any assets not already in the trust to be transferred into it at death, ensuring everything is distributed under one unified plan.
Disinheritance Provisions
California law allows you to intentionally exclude individuals from your estate. A properly drafted Will makes your intent clear and reduces the likelihood of a successful legal challenge from someone you chose not to include.
Charitable Bequests
You can direct a portion of your estate to charitable organizations through your Will. Whether it is a specific dollar amount, a percentage of your estate, or a particular asset, your charitable intentions are honored exactly as you intend.
COMMON QUESTIONS
Wills FAQs
What is the difference between a Will and a trust?
A Will takes effect after death and must go through probate. A trust takes effect immediately, avoids probate, and provides management of your assets if you become incapacitated. Most California estate plans benefit from including both.
What makes a Will legally valid in California?
California requires that the person creating the Will (the testator) be at least 18 years old and of sound mind. The Will must be in writing, signed by the testator, and witnessed by at least two individuals who are present at the time of signing. A Will that does not meet these requirements may be challenged or declared invalid.
Can I write my own Will without an attorney?
California does recognize handwritten (holographic) wills under certain conditions, but they carry significant risks. Without proper legal guidance, a self-drafted Will may contain ambiguous language, fail to address important issues, or lack the formalities required to hold up in court. An attorney-drafted Will provides certainty and protection.
What happens if I die without a Will in California?
If you die without a Will (intestate), California’s intestacy laws determine how your assets are distributed. Generally, your estate passes to your closest living relatives in a specific order defined by statute. You have no say in the distribution, and individuals you may have wanted to include (or exclude) have no legal standing unless they are statutory heirs.
How often should I update my estate plan?
Review your Will every three to five years, or whenever a major life event occurs. Marriage, divorce, the birth or adoption of a child, a significant change in assets, the death of a named beneficiary or executor, or a move to a new state are all reasons to update your Will.
Does a Will avoid probate?
No. A Will must go through California’s probate process before your assets can be distributed. Probate is a court-supervised proceeding that typically takes 12 to 18 months. If avoiding probate is a priority, a revocable living trust may be the right solution. For many families, the strongest plan includes both a Will and a trust.
Can someone contest my Will?
Yes. California law allows interested parties to contest a Will on several grounds, including lack of mental capacity, undue influence, fraud, or improper execution. A Will drafted by an experienced attorney with proper witnessing and documentation significantly reduces the risk of a successful challenge.
Serving Families Across the San Fernando Valley and Los Angeles
Davis & Davis LLP is based in Porter Ranch, California, and provides estate planning services to families and individuals throughout the San Fernando Valley, greater Los Angeles, and the state of California.