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California Mutual Wills Package with Last Wills and Testaments for...

Santa Clara California Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

Name: Santa Clara California Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children
Brand: US Legal Forms
Rating: 4.65 (439 reviews)

Category:

Wills - Mutual Wills for Married Couple

State:

California

County:

Santa Clara

Control #:

CA-WIL-01459C

Format:

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Description

The Mutual Wills package with Last Wills and Testaments you have found, is for a married couple with minor children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. It also establishes a trust and provides for the appointment of a trustee for the estate of the minor children. This package contains two wills, one for each Spouse. It also includes instructions.

The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the wills.

Title: Santa Clara California Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children Description: The Santa Clara California Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children offers an essential legal solution for couples residing in Santa Clara, California, who are seeking to protect the future security and well-being of their minor children. This comprehensive package ensures that both spouses' wishes are respected, assets are distributed efficiently, and the children are provided for in the event of their parents' unexpected demise. Key Features: 1. Shared Testamentary Intent: The Santa Clara California Mutual Wills Package ensures that both spouses mutually agree and certify that their respective wills are made in consideration of each other's assets and wishes, providing a legally binding testamentary intent. 2. Customized Estate Planning: The package allows married couples with minor children to create personalized wills, tailored to meet their unique needs and preferences. It covers provisions for guardianship, asset distribution, and any specific requests or conditions related to the children's care and upbringing. 3. Children's Guardianship: The mutual wills establish a clear plan for the appointment of guardians who will assume the responsibility of raising the minor children in the event of the parents' simultaneous passing. Specific considerations such as values, family bonds, and financial capability can be outlined in the will. 4. Asset Distribution: The Santa Clara California Mutual Wills Package ensures that the couple's assets are distributed according to their wishes. They can designate beneficiaries, specify inheritance percentages, leave bequests to charitable organizations, or set up trust funds for the children's education, healthcare, or future needs. 5. Survivorship Benefits: In cases where one spouse passes away, these mutual wills provide support and security for the surviving spouse. Provisions such as provisions for property, insurance benefits, and access to assets assist in maintaining financial stability after the loss of a partner. Additional Types of Santa Clara California Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children: 1. Basic Mutual Wills Package: This package covers the essential elements of mutual wills for a married couple with minor children, including the appointment of guardianship, asset distribution, and survivorship benefits. 2. Comprehensive Mutual Wills Package: Ideal for couples with complex financial situations, this package extends beyond the basic provisions to include advanced estate planning strategies, such as tax optimization, property management, and creating testamentary trusts for children. 3. Contingency Planning Mutual Wills Package: Suitable for couples with concerns about the simultaneous incapacitation or death of both spouses, this package adds provisions for temporary guardianship and healthcare decision-making powers to ensure that the children's well-being is consistently protected. Ensure peace of mind for your family's future by selecting the Santa Clara California Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children that best suits your needs. Safeguard your assets, secure your children's future, and establish a comprehensive estate plan.

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FAQ

Although married couples often share many things, such as bank accounts or the title to a property, it's important that you and your spouse create your own estate planning documents. This is helpful in situations where you have individual assets or different wishes for your remains once you pass away.

Steps to Create a Will in California Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.

You could expect to pay anywhere from $200-$600 for a very basic Will. But if you have significant assets or a complicated estate, or if you need more than just a Will, you could quickly be in the several-thousand dollar range.

Does my will need to be notarized? Notarization is not required, but you should definitely make your will ?self proved?. Under California law, a self proved will can be admitted to probate court without the testimony of the witnesses to the will. California Probate Code § 8220.

Here are the requirements to make a valid will in California: You must be at least 18 years old. You must be of sound mind and memory.You must make your will freely and voluntarily.Your will must be in writing, meaning it exists in a physical form.

It is a customary estate planning practice for each spouse to have his or her own will. While some practitioners may draft a joint will for a married couple, it is not recommended.

A joint will is one will for two people, often for a married couple, which acts as a last will and testament for both. It has specific rules, often stated in the will itself, which include that after the first spouse dies, that spouse's entire estate goes to the surviving spouse.

Also, California Wills are NEVER notarized. Notarizing a Will means nothing in terms of validating it. You must have two witnesses sign the Will, and that's all you need. A notarized Will does not help in any way, so save your money and skip the notary.

Generally speaking, for a married couple who have children, we would recommend they create mirror Wills with a testamentary trust, as well as ensuring that any property is owned as Tenants in Common with relevant Trust or Trusts in place.

What is a simple will? State that the document is your will and reflects your final wishes.Name the people you want to inherit your property after you die.Choose someone to carry out the wishes in your will.Name guardians to care for your minor children or pets, if you have them. Sign the will.

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The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

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Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

General: The California Probate Code Section 6100 through Section 8226 governs the execution of Wills and contains other provisions relating to Wills law. This summary is not intended to be all inclusive of the law of Wills but does cover many material issues.

Who May Make a Will: An individual 18 or more years of age who is of sound mind may make a will. Also, a conservator may make a will for the conservatee if the conservator has been so authorized by a court order pursuant to Section 2580.

Competence to Make Will: An individual is not mentally competent to make a will if at the time of making the will either of the following is true:

(1) The individual does not have sufficient mental capacity to be able to
(A) understand the nature of the testamentary act,
(B)understand and recollect the nature and situation of the individual's property, or
(C) remember and understand the individual's relations to living descendants, spouse, and parents, and those whose interests are affected by the will.

(2) The individual suffers from a mental disorder with symptoms including delusions or hallucinations, which delusions or hallucinations result in the individual's devising property in a way which, except for the existence of the delusions or hallucinations, the individual would not have done. see California Probate Code Section 6100.5.

Property to Pass by Will: A will may dispose of the following property:
(a) The testator's separate property.
(b) The one-half of the community property that belongs to the testator under Section 100.
(c) The one-half of the testator's quasi-community property that belongs to the testator under Section 101.

Who may receive property: A will may make a disposition of property to any person, including but not limited to any of the following:
(a) An individual;
(b) a corporation;
(c) an unincorporated association, society, lodge, or any branch thereof;
(d) a county, city, city and county, or any municipal corporation;
(e) any state, including this state;
(f) the United States or any instrumentality thereof; or
(g) a foreign country or a governmental entity therein. See California Probate Code Section 6102.

Execution: A will must be in writing and signed by one of the following:
1) by the testator;
2) in the testator's name by some other person in the testator's presence and by the testator's direction;
3) by a conservator pursuant to a court order to make a will under the Section 2580.

The will must be witnessed by being signed by at least two person each of whom 1) being present at the same time, witnessed either the signing of the will or the testator's acknowledgment of the signature of the will and 2) understand that the instrument they sign is the testator's will. see California Probate Code Section 6110.

A written will is validly executed if its execution complies with any of the following:

(a) The will is executed in compliance with Section 6110 or 6111 or Chapter 6 (commencing with Section 6200)(California statutory will) or Chapter 11 (commencing with Section 6380)
(Uniform International Wills Act).

(b) The execution of the will complies with the law at the time of execution of the place where the will is executed.

(c) The execution of the will complies with the law of the place where the time of execution or at the time of death the testator is domiciled, has a place of adode, or is a national. See California Probate Code Section 6113.

Validity of Holographic Wills: A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator. If a holographic will does not contain a statement as to the date of its execution and:

(1) If the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the incosistency unless the time of its execution is established to be after the date of execution of the other will.

(2) If it is established tha the testator lacked testatmentary capacity at any time during which the will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.

Any statement of testamentary intent contained in a holographic will may be set forth either in the testator's own handwriting or as part of a commercially printed from will. See California Probate Code Section 6111.

Extrinsic Evidence: Extrinsic evidence is admissible to determine whether a document constitutes a will pursuant to Section 6110 or 6111, or to determine the meaning of a will or a portion of a will if the meaning is unclear. See California Probate Code Section 6111.5.

Witnesses: Any person who is generally competent to be a witness may act as a witness to a will. A will or any provision is not invalid because the will is signed by an interested witness. Unless there are at least two other subscribing witnesses to the will who are disinterested witnesses, the fact that the will makes a devise to a subscribing witness creates a presumption that the witness procured the devise by duress, menace, fraud or undue influence. This a a presumption which will affect the burden of proof. This presumption will not apply where the witness is a person to whom the devise is made solely in a fiduciary capacity. If the devise made by the will to an interested party fails because the presumption applied to the devise and the witness fails to rebut the presumption, the interested witness will take such proportion of the devise made to the witness in the will as does not exceed the share of the estate which would be distributed to the witness if the will were not established. See California Probate Code Section 6112.

Revocation: A will or any part of the will may be revoked by the following:

(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.

(b) Being burned, torn, canceled, obliterated, or destroyed, with the intent or purpose of revoking it, by either the testator or another person in the testator's presence and by the testator's direction. See California Probate Code Section 6120.

A will executed in duplicate or any part thereof will be revoked if one of the duplicates is burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by either the testator or another person in the testator's presence and by the testator's direction. See California Probate Code Section 6121.

Divorce:

(a) Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all of the following:

(1) Any disposition or appointment of property made by the will to the former spouse.
(2) Any provision of the will conferring a general or special power of appointment on the former spouse.
(3) Any provision of the will nominating the former spouse as executor, trustee, conservator, or guardian.

(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator's remarriage to the former spouse.

(1) Property prevented from passing to a former spouse because of the revocation passes as if the former spouse failed to survive the testator.
(2) Other provisions of the will conferring some power of office on the former spouse will be interpreted as if the former spouse failed to survive the testator. See California Probate Code Section 6122.

Unless the will expressly provides otherwise, if after executing a will the testator's domestic partnership is terminated, the termination revokes all the following:

(1) Any disposition or appointment of property made by the will to the former domestic partner.
(2) Any provision of the will conferring a general or special power of appointment on the former domestic partner.
(3) Any provision o the will nominating the former domestic partner as executor, trustee, conservator, or guardian.

(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnerhsip with the former domestic partner.

(c) In cases of revocation by termination of a domestic partnership:
(1) Property prevented from passing to a former domestic

Locating Will: If the testator's will was last in the testator's possession, the testator was competent until death, and neither the will nor a duplicate original of the will can be found after the testator's death, it is presumed that the testator destroyed the will with intent to revoke it. This presumption is a presumption affecting the burden of producing evidence. 6124.

Note: All law summaries and previews are subject to the disclaimer located on the main forms page.

Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

Competence to Make Will: An individual is not mentally competent to make a will if at the time of making the will either of the following is true:

A written will is validly executed if its execution complies with any of the following:

(b) The execution of the will complies with the law at the time of execution of the place where the will is executed.

Revocation: A will or any part of the will may be revoked by the following:

(a) A subsequent will which revokes the prior will or part expressly or by inconsistency.

Divorce:

(a) Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all of the following:

(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator's remarriage to the former spouse.

Unless the will expressly provides otherwise, if after executing a will the testator's domestic partnership is terminated, the termination revokes all the following:

(b) If any disposition or other provision of a will is revoked solely by this section, it is revived by the testator establishing another domestic partnerhsip with the former domestic partner.

(c) In cases of revocation by termination of a domestic partnership:
(1) Property prevented from passing to a former domestic

Note: All law summaries and previews are subject to the disclaimer located on the main forms page.

Santa Clara California Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

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How to fill out Santa Clara California Mutual Wills Package With Last Wills And Testaments For Married Couple With Minor Children?

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FAQ

Should married couples have their own will?

How do I write a will in California?

How much does it cost to make a will in California?

Does California require a will to be notarized?

What are the requirements for a valid will in California?

Should husband and wife have separate wills?

How do married couples do wills?

Can a California will be notarized instead of witnessed?

Will for married couple with child?

How do I write a will?

Interesting Questions

What is the Santa Clara Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children?

What does the Santa Clara Mutual Wills Package include?

Why is it important to have a mutual will for married couples with minor children?

How does the Santa Clara Mutual Wills Package ensure the well-being of minor children?

Can I update or change my Santa Clara Mutual Wills Package in the future?

Is the Santa Clara Mutual Wills Package legally binding?

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Trusted and secure by over 3 million people of the world’s leading companies

Santa Clara California Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children

Description

Related forms

Viewed forms

How to fill out Santa Clara California Mutual Wills Package With Last Wills And Testaments For Married Couple With Minor Children?

Form popularity

FAQ

Should married couples have their own will?

How do I write a will in California?

How much does it cost to make a will in California?

Does California require a will to be notarized?

What are the requirements for a valid will in California?

Should husband and wife have separate wills?

How do married couples do wills?

Can a California will be notarized instead of witnessed?

Will for married couple with child?

How do I write a will?