A Last Will and Testament is a foundational estate planning document that allows you to state how your property should be distributed, name guardians for minor children, and appoint someone to manage your estate after you die. At the Law Offices of Robert P. Bergman, we help residents of Novato and surrounding Marin County understand the role a will plays alongside other planning tools such as trusts and advance directives. This page explains practical steps to prepare a will, what to expect during the process, and how a carefully drafted will helps reduce uncertainty for loved ones during an already emotional time.
Drafting a Last Will and Testament invites thoughtful decisions about property, beneficiaries, and the person who will administer your estate. While a will alone may not avoid probate in every case, it clarifies your wishes and provides a legal roadmap for distribution of assets. This section covers common provisions to include, how a will interacts with other estate planning documents listed by the firm, and why updating a will after major life changes matters. Our firm serves clients from San Jose to Marin County and can answer questions about local probate rules and practical planning strategies.
A Last Will and Testament provides clear written instructions for asset distribution and estate administration, reducing ambiguity and disputes among survivors. It allows you to name an executor, designate guardians for minor children, and include specific bequests for family members, friends, or charities you care about. Including a will as part of a broader estate plan, together with documents like powers of attorney and health care directives, helps create continuity and practical protection for your family. Even if you also have trusts, a will can serve as a safety net to capture assets and confirm your intentions under state law.
The Law Offices of Robert P. Bergman provides estate planning services from our San Jose base to clients throughout Marin County, including Novato. We focus on creating clear, practical documents like last wills, revocable living trusts, powers of attorney, and health care directives that reflect each client’s goals and family circumstances. Our approach is client-centered: we listen carefully, explain options under California law, and prepare documents that address both immediate needs and foreseeable future changes. We are available by phone at 408-528-2827 to schedule a consultation and discuss how a will fits into your overall plan.
A Last Will and Testament is a legal declaration that becomes effective upon your death and guides distribution of assets that are part of your probate estate. It can name beneficiaries, direct specific gifts, and appoint an executor to oversee probate proceedings. Wills do not always control assets held by living trusts, jointly owned property, or accounts with designated beneficiaries, so it is important to review how title and beneficiary designations work together. This section helps Novato residents distinguish between probate and nonprobate transfers and identify when a will is the right choice as part of a broader estate plan.
While wills are straightforward documents in many cases, they must meet legal formalities in California to be valid, including signature and witness requirements. A properly drafted will reduces the risk of challenges after death and provides clarity on matters such as guardianship for minor children. Wills can be amended using codicils or replaced entirely by a later will; regular reviews ensure they remain consistent with your current circumstances. We help clients evaluate whether a will, a trust, or both best serve their objectives and family dynamics.
A Last Will and Testament is a written instrument in which a person, known as the testator, declares how property should be handled after death. It appoints an executor to manage the estate, identifies beneficiaries to receive specific or residual gifts, and can nominate guardians for minor children. In California, wills must meet statutory requirements to be enforceable, including being in writing and witnessed as required by law. This document is distinct from advance directives and powers of attorney, which control decisions while a person is alive but incapacitated rather than after death.
A typical Last Will and Testament includes identification of the testator, revocation of prior wills, appointment of an executor, specific gifts, residual distribution, and guardianship nominations where applicable. After death, the will is submitted to probate court, a legal process where the executor inventories assets, pays debts and taxes, and distributes remaining property to beneficiaries under court supervision. Probate is governed by California law and can vary in complexity depending on asset types, claims against the estate, and whether disputes arise. Planning can streamline administration and reduce the burden on survivors.
Understanding common terms helps demystify the will-making and probate process. This glossary covers frequently used terms such as probate, testator, executor, beneficiary, intestacy, and pour-over will. Clear definitions make it easier to follow discussions about estate planning options and the legal steps that follow a death. For residents of Novato and Marin County, these basic concepts provide a foundation for informed conversations about whether a will, a trust, or a combination of documents best fits personal and family needs.
Probate is the court-supervised process for administering a decedent’s estate when assets must be transferred under a will or by intestate succession if there is no valid will. During probate, the appointed executor files the will with the court, inventories assets, notifies creditors, pays debts and taxes, and distributes remaining property to beneficiaries according to the will or state law. The timeline and procedures vary with the size and complexity of the estate, and certain assets that pass outside probate, such as those in a trust or with named beneficiaries, are not subject to the probate process.
An executor is the person named in a will who is responsible for administering the estate after the testator’s death. The executor locates and manages assets, pays valid debts and ongoing expenses, files tax returns, and distributes assets to beneficiaries in accordance with the will. In California, the court may require the executor to provide an inventory and account of estate activities. Choosing an executor who is trustworthy and willing to serve ensures smoother administration during what can be an emotionally challenging time for family members.
The testator is the person who creates a Last Will and Testament and sets forth how their assets should be handled after death. The testator must have testamentary capacity at the time the will is executed and must sign the document in the presence of the required number of witnesses under California law. A will may be revoked, amended, or replaced by the testator during their lifetime, and it becomes effective only upon the testator’s death. Ensuring the will accurately reflects current wishes reduces the chance of disputes later.
A pour-over will works in tandem with a living trust by directing any assets not already titled in the trust at the time of death to be transferred into the trust and administered under its terms. This type of will serves as a safety net for assets unintentionally left out of a trust and simplifies estate administration by ensuring most assets are ultimately managed through the trust structure. The pour-over will still must pass through probate for court supervision of the transfer, depending on the asset types and titles involved.
Choosing between a will, a trust, or a combination depends on goals, asset types, privacy concerns, and whether avoiding probate is a priority. Wills provide clear instructions for distribution and guardianship but often require probate. Revocable living trusts can help avoid probate for assets properly retitled to the trust and offer greater privacy, while powers of attorney and health care directives address decision-making during incapacity. An assessment of family needs, asset ownership, and timing of transfers helps determine the most appropriate planning approach for a Novato household.
For individuals with modest estates and straightforward beneficiary designations, a well-drafted will may provide adequate direction without the need for more complex structures. A will allows you to name an executor and state specific gifts or residual distributions, and it can designate guardians for minor children. If assets are minimal and do not require probate avoidance planning or intricate tax strategies, a simple will combined with beneficiary designations and a power of attorney can effectively address estate planning needs while remaining cost-effective and easy to update as circumstances change.
When most assets already pass outside of probate—through joint ownership, beneficiary designations, or existing trusts—a will can serve as a backup that addresses personal wishes and guardianship without extensive additional planning. In such situations the will is often used to catch any remaining assets that were not transferred by other means, with the understanding that probate may still be required for those items. This targeted approach can be appropriate when privacy concerns and probate avoidance are not primary objectives.
When an estate includes business interests, real estate in multiple states, blended family dynamics, or beneficiaries who require ongoing financial oversight, a comprehensive plan that includes trusts and tailored provisions can better address those complexities. Trusts can provide ongoing management for beneficiaries, reduce the need for court involvement, and permit more detailed instructions regarding distributions. Working through these issues in advance helps create a cohesive plan that reflects family priorities and practical administration concerns.
For those who value privacy and want to minimize court-supervised probate, integrating a revocable living trust with a pour-over will and supporting documents such as powers of attorney and advance health care directives can offer a coordinated solution. Trust-based planning allows for asset management during incapacity and streamlined distribution after death. This approach can also simplify ongoing oversight of assets for beneficiaries who may not be prepared to manage inheritances independently, ensuring distributions occur according to thoughtfully established terms.
A comprehensive estate planning approach integrates wills, trusts, powers of attorney, and health care directives to address both incapacity and post-death administration. This coordination can reduce the time and expense associated with probate, protect privacy by limiting court filings, and provide continuity of asset management in the event of incapacity. By aligning beneficiary designations and account ownership with written documents, families can avoid unintended consequences and ensure that assets are distributed according to the client’s overall intentions rather than by default rules.
In addition to streamlining administration, a cohesive plan allows clients to tailor protections for particular beneficiaries, provide for minor or vulnerable family members, and set conditions for future distributions. The combination of a living trust, pour-over will, and supporting documents gives practical tools for managing property during life and allocating it after death, while also addressing tax planning, business succession, and long-term care considerations where relevant. Regular reviews keep the plan aligned with life changes and evolving objectives.
A coordinated plan that emphasizes trust arrangements can offer privacy because trust assets often transfer outside of probate and without public court filings. This keeps sensitive financial details from becoming part of the public record and gives families more control over timing and conditions of distributions. Privacy can be especially important for individuals with nontraditional assets or situations where discretion benefits family harmony. The planning process also ensures that beneficiary designations and account titling reflect the client’s intentions, reducing the potential for unintended outcomes.
When assets are organized and documents are coordinated, estate administration is typically more straightforward and less time-consuming for those left behind. A trust-centered plan can reduce court involvement and provide clear instructions for asset management and distribution, which alleviates stress during a difficult period. Planning for incapacity with powers of attorney and health care directives also ensures that trusted individuals can make decisions promptly and consistently if you become unable to act, minimizing disruption and avoiding unnecessary delays in care or financial management.
Begin by compiling a detailed inventory of assets, account numbers, ownership forms, and existing beneficiary designations to ensure nothing is overlooked during planning. Review retirement accounts, life insurance policies, jointly held property, and any business interests, noting which assets transfer outside probate and which may be subject to court administration. Clear documentation helps streamline discussions and reduces the chance of conflicting instructions. Bringing this information to your planning meeting makes it easier to align your will with other documents and avoid unintended outcomes for beneficiaries.
Estate planning documents should be reviewed periodically and after major life changes to ensure they remain consistent with current circumstances, beneficiary relationships, and applicable law. Significant events that typically warrant an update include marriage, divorce, the birth of a child, substantial changes in assets, or relocation. Regular reviews also allow you to confirm that account titles and beneficiary designations still match the intent expressed in your will and any trust documents. A scheduled review every few years helps maintain coherence across your plan.
Creating a Last Will and Testament gives you the opportunity to state clear preferences for asset distribution, name the person who will handle estate administration, and nominate guardians for minor children, which can reduce confusion and family conflict after death. Even if some assets pass outside probate, a will serves as an important legal record of your intentions and can capture assets not otherwise transferred by beneficiary designations. Addressing these matters in advance helps ensure your wishes are honored and provides practical guidance for those you leave behind.
A will also provides flexibility: you can include specific gifts, leave an overall residual estate, and set conditions or directions within permissible limits under California law. For people with blended families, unusual assets, or charitable interests, a well-considered will helps balance competing interests and ensures that important personal wishes are recorded. Preparing a will in coordination with other documents like powers of attorney and advance directives creates a more resilient plan that supports both incapacity and post-death administration.
A will is particularly important when you have minor children, wish to make specific bequests, need to appoint an executor or guardian, or want to leave property to nonspouse beneficiaries such as siblings or friends. It is also useful where existing beneficiary designations do not reflect current intentions or when assets are split among various ownership arrangements. In each situation, a properly drafted will helps provide clarity and reduces the likelihood of disputes, making the probate process more predictable for surviving family members.
Naming guardians for minor children in a will allows you to express your preferences for who should care for them if both parents are unable to do so. The will can also set forth how assets left for children should be managed, including trust provisions or instructions for education and support. Providing clear guidance reduces stress for caregivers during an already difficult time and helps the court understand your wishes. Revisiting guardianship choices as family circumstances change ensures that the designated individuals remain appropriate and willing to serve.
Assets that lack beneficiary designations or that are solely owned by you will typically pass through probate and are distributed according to your will or state intestacy laws if no will exists. Including these assets in your will helps ensure they are distributed according to your wishes rather than default rules. Identifying and documenting such items during the planning process prevents unintended outcomes and facilitates a smoother probate administration for those responsible for winding up your estate.
Blended families often face complex distribution questions about how assets should be shared among current spouses, children from prior relationships, and stepchildren. A will allows you to articulate how you want your estate handled and to include provisions that address equitable distribution and long-term care for dependents. Where appropriate, combination planning with trusts and beneficiary designations can further tailor outcomes to family circumstances, ensuring that each person named in your plan is provided for according to your intentions.
Residents of Novato and surrounding communities can rely on the Law Offices of Robert P. Bergman for practical guidance on wills, trusts, and related estate planning documents. We help clients evaluate how a will fits into an overall plan, prepare documents that reflect personal priorities, and explain the legal mechanics involved with probate and trust administration. Our team is responsive to questions and committed to clear communication, helping families understand next steps and feel confident that their wishes are documented properly under California law.
Choosing the right legal partner for estate planning means selecting a practice that listens to personal goals and translates them into accurate, legally compliant documents. At the Law Offices of Robert P. Bergman we take the time to learn about your family circumstances, assets, and long-term objectives so that your will and supporting documents function together. We explain California probate and trust processes in plain language and draft clear provisions to minimize ambiguity and potential disputes after death.
Our practice emphasizes responsiveness and practical problem-solving, helping clients update documents when life events like marriage, divorce, births, or property changes occur. We also assist with related matters such as beneficiary designations, powers of attorney, and health care directives to create a coordinated plan. By focusing on communication and careful document drafting, we aim to reduce administrative burdens for survivors and make estate settlement more predictable.
Clients seeking assistance with wills and estate planning receive personalized attention and clear, step-by-step guidance throughout the process. We help you identify objectives, choose appropriate provisions, and prepare legally valid documents that implement your wishes. Our team serves individuals and families throughout Marin County, offering practical scheduling options and the ability to address both straightforward and more complex planning needs through thoughtful legal drafting and planning conversations.
Our process begins with an initial consultation to review your family situation, assets, and planning goals. We collect relevant documents, discuss options for guardianship and asset transfers, and recommend complementary documents where appropriate. After drafting, we review the will with you to ensure it reflects current wishes and meets California’s legal formalities. We also advise on safe storage and provide instructions for how to handle beneficiary designations and account titling to align with the will and other estate planning instruments.
During the first stage we gather detailed information about your assets, family relationships, and objectives to determine whether a will alone or a broader plan is appropriate. We discuss the implications of different approaches for probate, guardianship, and beneficiary designations. This stage focuses on listening and clarifying priorities so that the documents we prepare reflect your intentions accurately. We also outline expected timelines, costs, and any additional documents that may be beneficial.
We ask focused questions about family relationships, intended beneficiaries, and wishes for specific gifts to ensure the will addresses your priorities. Conversations include whether guardianship for minor children is needed, how to handle personal items and sentimental gifts, and whether any beneficiary requires ongoing financial support. These discussions inform the provisions we will draft and help identify ancillary documents such as trusts, powers of attorney, and health care directives that may serve your interests.
We review account ownership, title documents, and beneficiary designations to identify assets that will pass outside probate and those that should be addressed in the will. This helps prevent conflicts between account designations and testamentary intentions. Clear coordination minimizes the risk of unintended distributions and simplifies later administration. Where necessary, we provide guidance on updating beneficiary forms and retitling property to reflect your chosen plan.
After gathering information, we prepare a draft will tailored to your instructions, including executor appointments, specific bequests, residuary distributions, and guardianship nominations when applicable. The draft is reviewed with you to confirm accuracy and address any follow-up questions or changes. This collaborative review ensures the final document aligns with your wishes and complies with California law. We also discuss signing formalities and provide guidance on safe storage and sharing of the executed will.
Drafting focuses on clarity and enforceability, using plain language to reduce the risk of misinterpretation while including required legal language to satisfy statutory formalities. We pay attention to naming conventions for beneficiaries, describing property to reduce ambiguity, and setting out executor powers consistent with administration needs. Clear provisions help streamline probate administration and reduce the likelihood of disputes, making the process less burdensome for survivors tasked with carrying out your wishes.
You will have the opportunity to review the draft and request revisions to ensure all aspects of the plan reflect current intentions and family dynamics. We explain the legal effect of proposed language changes and suggest practical alternatives when necessary. Once finalized, we provide instructions for proper execution, witness requirements, and storage to preserve the document’s validity. We also advise on how to notify or prepare named agents and executors to act when necessary.
After execution, we recommend storing the original will in a safe and accessible location and providing copies to trusted individuals as appropriate. We advise clients to update beneficiary designations and account titles to align with their estate plan and to schedule periodic reviews. Life events such as marriage, divorce, births, or significant changes in assets suggest a timing for a review. Ongoing attention ensures that your will continues to represent your wishes and functions effectively with other planning tools.
California law requires certain formalities for a will to be valid, including the testator’s signature and witness attestation. We provide guidance on who may serve as a witness, the signing process, and how to avoid conflicts that could later challenge the will’s validity. Following execution protocols carefully reduces the risk of disputes and ensures the document will be accepted by probate court when needed. We also discuss options for notarization where appropriate to further confirm the document’s authenticity.
Estate plans should be revisited periodically and after significant life changes to confirm they remain aligned with current intentions and legal standards. We recommend reviewing documents every few years or after events such as marriage, divorce, the birth of a child, or the acquisition or sale of major assets. Making timely updates ensures that beneficiaries and appointed agents continue to reflect your preferences and helps avoid unintended outcomes. We assist clients with amendments, codicils, and drafting replacement wills when circumstances warrant.
A will is a document that takes effect on death and sets out how probate assets are distributed, names an executor, and can nominate guardians for minor children. It typically controls only assets that pass through probate and does not manage property during your lifetime or in the event of incapacity. In contrast, a revocable living trust operates during life and can hold assets titled in the trust, providing a mechanism to manage property if you become incapacitated and generally allowing assets to transfer outside probate upon death. Choosing between a will and a trust depends on factors such as the desire to avoid probate, privacy concerns, the nature of assets, and family circumstances. A trust may be useful for larger or more complex estates, or when ongoing management for beneficiaries is preferred. Many people use both documents together: a trust to hold most assets and a pour-over will to catch assets not retitled to the trust prior to death.
Having a trust does not always eliminate the need for a will. A pour-over will is commonly used alongside a living trust to capture any assets that were not transferred into the trust before death. Without such a will, those assets could pass under intestate succession rules or become subject to unintended distribution. The pour-over will funnels assets into the trust for administration according to the trust’s terms, though probate may still be required to transfer those assets depending on how they are titled. It is important to periodically review beneficiary designations and account titling to ensure they align with the trust plan. If assets are properly retitled into the trust during life and beneficiary forms are coordinated, probate can often be minimized. Coordination between the trust, pour-over will, and beneficiary designations reduces the likelihood of conflicting outcomes.
To name a guardian for minor children, include a guardianship nomination in your Last Will and Testament to indicate who you wish to care for the children if both parents are unable to do so. It is wise to name alternate guardians in case the primary nominee is unable or unwilling to serve. The nomination is an important expression of your preference, and the court typically gives significant weight to a deceased parent’s expressed wishes when appointing a guardian, though the court’s ultimate determination rests on the child’s best interests. When selecting a guardian, consider the prospective guardian’s values, availability, relationship with the child, and willingness to assume responsibility. You should also address how assets intended for the child will be managed, whether through an outright distribution to the guardian, a trust for the child’s benefit, or other arrangements. Clear provisions help avoid uncertainty and provide practical guidance for those who will care for your children.
Yes, you can change your will after it is signed, provided you still have the legal capacity to make such changes. California law allows you to revoke a will by executing a subsequent will that states the prior one is revoked or by physically destroying the prior will with the intent to revoke. You can also add a codicil, a formal amendment signed with the same legal formalities as a will, to modify specific provisions without replacing the entire document. Because amendments must meet legal formalities to be effective, it is advisable to consult with a lawyer when making changes to ensure they are valid. Careful drafting of any replacement will or codicil prevents unintended consequences and helps ensure that your revised wishes are carried out as intended at the time of your death.
If you die without a valid will in California, your estate will be distributed according to the state’s intestate succession laws. These rules prioritize close family members such as a spouse and children, and distribution may not reflect your personal wishes for friends, charities, or nontraditional family arrangements. Intestate succession can also lead to outcomes that surprise families, particularly in blended family situations or where there are children from prior relationships. Dying intestate also means that the court will appoint an administrator to handle estate administration, rather than an executor you would have named. To avoid default distribution rules and retain control over guardianship and other personal arrangements, creating a valid will or incorporating other planning documents is recommended.
California provides simplified probate options for smaller estates, which can reduce time and expense compared to full probate proceedings. Small estate procedures may apply when the total probate estate falls below certain thresholds, allowing heirs to collect assets through affidavits or streamlined petitions rather than extended court administration. Eligibility depends on the value and type of assets and whether assets are already passing outside probate via beneficiary designations or trust ownership. Even when a simplified procedure is available, proper documentation and compliance with legal requirements are essential. We assist clients and families in evaluating whether small estate alternatives apply and in preparing the paperwork needed to transfer assets efficiently while protecting the rights of all interested parties.
When choosing an executor, consider someone who is organized, trustworthy, and willing to take on administrative responsibilities during what may be a difficult period for family members. The executor handles tasks such as filing the will with the probate court, inventorying assets, paying debts and taxes, and distributing property to beneficiaries. A family member, close friend, or a professional fiduciary may serve, depending on the complexity of the estate and the executor’s ability to manage legal and financial tasks. It is important to discuss the role with the person you intend to name to ensure they are willing to serve and understand the responsibilities involved. Naming alternate executors can provide a backup if the primary choice cannot act. Clear communication and documentation make administration smoother and reduce potential conflict among heirs.
For an initial planning appointment, bring an overview of your assets including real property information, retirement and brokerage account statements, life insurance policies, business ownership documents, and any existing estate planning documents such as prior wills, trusts, or beneficiary forms. Also provide a list of family members, their relationships to you, and any special circumstances such as minor children, beneficiaries with special needs, or charitable interests. This preparation helps focus the meeting on your goals and ensures that the recommended plan addresses real-world issues. Additionally, consider bringing identification and contact information for potential executors or guardians you might name. A clear financial picture and candid discussion of family dynamics allow for practical advice that aligns legal tools with your personal objectives and makes the drafting process more efficient.
You should review your will periodically and after significant life events such as marriage, divorce, births, deaths, substantial changes in your assets, or relocation to a different state. These changes can affect how your will operates and whether named beneficiaries, executors, or guardians remain appropriate. Regular reviews every few years help ensure that your planning documents continue to reflect current wishes and remain consistent with other estate planning elements such as beneficiary designations and trust provisions. Updates are also necessary if law changes occur that materially affect estate administration or the interpretation of document language. We assist clients with scheduled reviews and updates to ensure their wills and related documents remain effective and aligned with evolving personal and legal circumstances.
A will by itself does not eliminate estate taxes or income tax consequences; tax planning often requires additional measures such as trusts, gifting strategies, or other planning techniques tailored to the size and structure of an estate. Federal estate tax applies only to estates that exceed the applicable exclusion amount, and California does not impose a separate state estate tax. However, thoughtful planning can address potential tax exposure and coordinate distributions to minimize unintended tax consequences for recipients. For larger or more complex estates, we can discuss tax planning strategies and coordinate with tax advisors when necessary. Combining a will with other planning tools can achieve distribution goals while taking into account tax implications and long-term financial considerations for beneficiaries.
Criminal Defense
Homicide Defense
Manslaughter
Assault and Battery
Assault with a Deadly Weapon
Battery Causing Great Bodily Injury
Domestic Violence
Domestic Violence Protection Orders
Domestic Violence Restraining Order
Arson Defense
Weapons Charges
Illegal Firearm Possessions
Civil Harassment
Civil Harassment Restraining Orders
School Violence Restraining Orders
Violent Crimes Defense
Estate Planning Practice Areas