Will requirement in CA

[PAPP]

What is the name of your state? - California

My SO and I are looking for a lawyer who can handle a simple will, but we might not find someone in time. In the meantime, we are wondering a plain written will which is not used legal terms by us with two witnesses are good enough. We jointly made a will a decade ago in a different state. We need to change some and we realized we didn't mention to the lawyer that I am not a US citizen which is one complication we needed to consider. We hope we will find a lawyer in time, but we want to be prepared for the worst. Thanks in advance.

 

[adjusterjack]

We hope we will find a lawyer in time,

You can find one tomorrow (Monday). It's easy. Here's how.

One ringy dingy, two ringy dingy.
"Law offices. Good morning."
"Good morning. I would like to meet with a lawyer to discuss writing my will."
"Let me see. Oh, Mr Smith is available at 9 AM tomorrow. Does that work for you?"
"Yes."
"Good. You're all set."

Then go see Mr Smith, bring your checkbook and tell him your story. He'll tell you how much money he wants.


Why are you kvetching over this process?

 

[Zigner]

https://selfhelp.courts.ca.gov/wills-estates-probate

 

[Mark_A]

If you do it yourself, there are examples that you find, but make sure they are claimed to suitable for California.

Usually, only two witness signatures are required (in addition to the signature of the will maker), but you should also have the document (with witness signatures) notarized, which can alleviate any problems later if someone wants to later challenge the validity of the signatures.

At my bank (one of very big ones) where I have a checking account, they provide free notary services, and if you ask them ahead of time they might be able to provide the 2 additional witnesses for you. I make appointments online when I logon to my bank account website. However, a lot banks have cut back on staffing at branches, so even though I know I can easily get documents notarized for free at my bank, finding two additional bank employees to be witnesses my be difficult, so be prepared to bring your own witnesses if they can't do that.

You should have a separate will and signatures for each person.

 

[Mark_A]

One more thing. I would highly recommend that you designate beneficiaries of your checking account, IRA account, brokerage account, etc directly with the financial institution that holds those accounts. This can sometimes be done online, and avoids the expense and delay of probate of an estate when someone dies.

If you co-own any real estate together make sure it is titled with In joint tenancy with right of survivorship. You will need a lawyer for that, but usually not outrageously expensive.

 

[adjusterjack]

California's beneficiary deed may also be helpful. In the event, say, both parents die in a common accident.

https://duckduckgo.com/?t=h_&q=california+beneficiary+deed&ia=web

 

[PAPP]

Thank you for your responses. It means a lot to us. Suddenly our situation changed and we're overwhelmed to deal with many things at once. Someone introduced us a lawyer and it turned out she is in the fancy law firm and the fee is too much for us. We thought it was taken care of when we got her name but we have to find another lawyer now.

Our estate is modest and simple. We have done beneficiaries and titles part already. Out son is over 18, so we don't need to arrange that part anymore. A big part we don't know is we might need a qualified domestic trust because I'm not a US citizen. I'm going to check the suggested links and contact lawyers tomorrow.

 

[Mark_A]

Thank you for your responses. It means a lot to us. Suddenly our situation changed and we're overwhelmed to deal with many things at once. Someone introduced us a lawyer and it turned out she is in the fancy law firm and the fee is too much for us. We thought it was taken care of when we got her name but we have to find another lawyer now.

Our estate is modest and simple. We have done beneficiaries and titles part already. Out son is over 18, so we don't need to arrange that part anymore. A big part we don't know is we might need a qualified domestic trust because I'm not a US citizen. I'm going to check the suggested links and contact lawyers tomorrow.

So long as you are talking only about assets in the US, a simple California will should be fine even for non-US citizens. What assets do you own that our outside of those that can be covered by Designated Beneficiaries or Transfer on Death instructions for your financial accounts?

 

[adjusterjack]

I'm not a US citizen.

Do you have any assets in your home country?

 

[PAPP]

Our accountant mentioned about the qualified domestic trust because the non US citizens are not qualified the spousal inheritance tax limit. I searched for the information and it looks like over $60,000 inheritance, it will be taxed heavily. I only have some money in the bank, but no real estate in my country.

 

[adjusterjack]

Might be a good idea to transfer that money to a US account. Otherwise your surviving spouse may have to deal with probate in your country. I doubt that it would be a positive or inexpensive experience. Ask a lawyer about that too.

 

[PAPP]

I'm sorry for the confusion. I'm going to be a surviving spouse. My SO is a US citizen and he tries to make sure my son and I will not have any inheritance issue.

 

[Mark_A]

I'm sorry for the confusion. I'm going to be a surviving spouse. My SO is a US citizen and he tries to make sure my son and I will not have any inheritance issue.

I found this information about a foreign citizen inheriting assets of a US citizen:

"What happens when the U.S. citizen spouse passes away naming the non-U.S. citizen spouse as beneficiary? The answer is, the non-U.S. citizen spouse can inherit property in the manner as a citizen. However, under federal estate tax rules, a surviving spouse who is not a U.S. citizen must pay taxes on the inherited amount. The unlimited marital deduction rule does not apply! The federal government does not want someone who isn’t a citizen to inherit assets and pay no estate tax for fear that those assets would leave the country untaxed. However, a U.S. citizen spouse can establish a special trust known as a “Qualified Domestic Trust” (described more fully below) naming the non-citizen spouse as beneficiary, that will allow the U.S. citizen spouse to take advantage of his/her unlimited marital deduction.

See this link for "The Benefits of the Qualified Domestic Trust (QDOT)"
https://wm.calamos.com/newsinsights/advice-and-planning-insights/estate-planning-when-a-spouse-is-a-non-us-citizen/#:~:text=The answer is, the non,exclusion available to both spouses.

It's not clear to me if you are legally married, since sometimes you refer to a spouse, and sometimes SO.

 

[adjusterjack]

I'm sorry for the confusion. I'm going to be a surviving spouse. My SO is a US citizen and he tries to make sure my son and I will not have any inheritance issue.

He could just as easily be a surviving spouse. What will your death do to him financially?

What provisions are you making for you son if you die first?

 

[PAPP]

Thank you for the responses. I really appreciate it. We are legally married. I like the sound of SO somehow since we were engaged and I use it without thinking too much. I'm sorry for the confusion. You are so right, adjusterjack. Anything could happen. We are planning to create my will at the same time with my husband's one and I totally forgot about my bank account in my country. I made inquiries to the county bar association and a few lawyers. We hope we can find a good lawyer for us in time.