• Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Megan E. Waugh appointed as Los Angeles Superior Court Probate Volunteer Panel
    • Megan E. Waugh represents Private Conservator in Record $16.2 Million sale
    • Liran R. Aliav Featured Speaker at PFAC Conference
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Asset Protection & Business Planning
    • Family-Owned Businesses
    • Financial Planning Assistance
    • LGBT Estate Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • Loss of a Loved One
    • Power of Attorney
    • Special Needs Planning
    • Young Families
    • Medi-Cal and Elder Law
    • Trust Administration
    • Probate
    • Trust, Probate and Estate Litigation
    • ESTATE AND GIFT TAX FIGURES
  • Probate
    • Probate In California
    • Is Probate Always Necessary In California?
    • Probate Laws
    • Probate Administration
    • Probate Code §850 Petitions
    • Probate Disputes
    • Probate Litigation
    • Why Hire A Probate Attorney
  • Medi-Cal
    • Medi-Cal Questionnaire
    • Medi-Cal Planning
    • Why Medi-Cal Planning?
    • Medi-Cal Myths & Facts
    • Medi-Cal FAQs
    • Medi-Cal Eligibility
    • Medi-Cal Asset Protection
    • Medi-Cal & Disability Planning
    • Medi-Cal Recovery Avoidance
    • Medi-Cal Planners – Be Warned
  • Elder Law
    • Coping with Alzheimer’s
    • Emergency Medi-Cal and Nursing Home Planning
    • Estate Planning
    • Conservatorship
    • Medi-Cal Planning
    • Veteran’s Benefits
  • Seminars
  • Resources
    • Client Resources
      • Definitions
      • Free Estate Planning Worksheet
      • Free Seminars
      • Is Your Estate Plan Outdated?
      • Presentations
      • Top Estate Planning Techniques
    • Estate Planning Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Frequently Asked Questions
      • Legacy Wealth Planning FAQ’s
      • LGBT Estate Planning Frequently Asked Questions
      • LGBTQ+ Estate Planning FAQs
      • Frequently Asked Questions: Trust Administration
      • Frequently Asked Questions for Families Without an Estate Plan
      • Frequently Asked Questions – Estate Planning
      • LGBT Estate Planning Frequently Asked Questions
      • LGBT FAQs
      • Trust Administration FAQs
      • Medi-Cal FAQs
    • Newsletters
  • Communities We Serve
    • Los Angeles County
      • Cerritos
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
      • Playa del Rey
      • Santa Monica
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Inglewood
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Manhattan Beach
    • Orange County
      • Anaheim
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG

The Schomer Law Group, Los Angeles and Los Alamitos Estate Planning Attorneys

The Schomer Law Group, Los Angeles and Los Alamitos Estate Planning Attorneys

Connect With Us Today (310) 337-7696
(562) 346-3209

Attend a Free Seminar

What the Executor of a Will Should Know about Wills

October 18, 2016Estate Planning

executor of a willThere are a few things that the executor of a will should know. There are several different types of wills. Nevertheless, all wills are required to meet certain standards in order to be considered valid in a court of law. The person making the will, or the testator, must be at least 18 years of age and of “sound mind.” That basically means they must have legal capacity to create a will. The testator needs to select an executor to manage the will, explain how the property should be distributed after death, and sign and date the will in the presence of the required number of witnesses.

Understanding simple wills

Simple wills are most often used when all that is needed is direction on how to distribute simple assets from the estate to the beneficiaries. As long as the nature of the assets is relatively uncomplicated, a simple will is more than likely sufficient to do the job. Like all wills, a simple will must be in writing and should be typed instead of handwritten. The general elements of a will are: the testator’s name, address and marital status; and instructions as to which property goes to which beneficiaries. The executor for the estate should also be named, as well as a guardian for any minor children. The testator and the witnesses need to sign and date the will.

How testamentary trust wills are different

A testamentary trust will is different because it includes provisions that place a portion of your estate into a trust. Based on the terms of the testamentary trust, your assets are distributed to your beneficiaries, through the trustee who controls those assets. The most common example is a spendthrift trust, often used in cases where a beneficiary is considered to be financially irresponsible. A spendthrift trust allows the trustee to distribute the trust assets gradually and under certain conditions. The format of a testamentary trust will is often quite similar to that of a simple will.

The executor of a will should understand joint wills

Joint wills are often used by spouses who intend to leave their property to one another. The surviving testator will inherit everything on the deceased spouse’s estate. Then, when the surviving testator passes away, the remaining estate will be distributed to the couple’s chosen beneficiaries, pursuant to the terms of the will. One thing to remember is that a joint will cannot be revoked once the first testator dies. The format of a joint will is also similar to a simple will.

Living wills are very different from other types of wills

The purpose of a living will is entirely different from that of the three other types discussed here. The purpose of a living will is to provide detailed instructions about the type of medical treatment or life saving measures you want to be used if you become unable to communicate those wishes for yourself. For instance, your living will could specify that, in the event you become terminally ill and unconscious, you do not wish to be put on a feeding tube or a ventilator, even if you would die without those measures.

The executor of a will needs to be identified in the will itself

A necessary component of every will is the identification of a trusted individual to make sure the terms of your will are followed.  The executor is responsible for guiding your estate through the probate process and ensuring that your property is distributed to your beneficiaries, according to the will. An executor can either be a professional or a family member or friend.  If your estate is pretty straightforward, then a professional may not be necessary.

Deciding which property the executor of your will can control

The first step in deciding which specific property should be left to whom, is to make a list of everything you own.  The next step is to eliminate all property or assets that are not required to go through probate in order to be passed on to your heirs.  For example, retirement accounts and life insurance policies, which have named beneficiaries, are not required to go through probate before those beneficiaries can receive their share. Once you have a good idea about what’s included in your estate you can make specific bequests in your will. The more specific you make the terms of your will, the more straightforward and streamlined the probate process will be for your family.

Join us for a FREE seminar!  If you have questions regarding wills, or any other estate planning needs, please contact the Schomer Law Group either online or by calling us at (310) 337-7696.

  • About
  • Latest Posts
Scott Schomer, Estate Planning Attorney

Scott Schomer, Estate Planning Attorney

A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney

Latest posts by Scott Schomer, Estate Planning Attorney (see all)

  • SALT Deduction Limit…Can You Get Around It? - February 4, 2019
  • What Can a Los Angeles Probate Attorney Do For You? - February 3, 2019
  • 5 Great Tips for Long Beach Probate Court Administration - February 1, 2019

Other Articles You May Find Useful

Los Angeles estate planning attorneys
Top Four Reasons to Create a Comprehensive Estate Plan
Selecting an Agent
Turning the Page on 2018 and Looking Forward to 2019
Grantor Trusts Provide Flexibility and Ease
Nongrantor Trusts Can Be Very Useful in Certain Situations
preserve your legacy
How to Preserve Your Legacy With Estate Planning

Upcoming Seminars

  • "Trustee School" and "Global Economic Armageddon"
    • Hermosa Beach
    • Beach House Hotel
    • Saturday, February 23, 2019
  • Free Seminar on Wills, Living Trusts & Legacy Wealth Planning
    • Hermosa Beach
    • Beach House Hotel
    • Saturday, March 9, 2019
See all seminars

FREE Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Testimonials

“Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.”

– Kim

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscribe

  • This field is for validation purposes and should be left unchanged.

El Segundo Address

El Segundo
222 North Pacific Coast Highway., Suite 130
El Segundo, CA 90245
Phone: (310) 337-7696
Fax: 310-337-1277

See Larger Map Get Directions

Los Alamitos Address

Los Alamitos
3363 W Cerritos Ave.,
Los Alamitos, CA 90720
Phone: (562) 346-3209
Fax: (562) 252-0577

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

footer-logo
© 2019 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2019 American Academy of Estate Planning Attorneys, Inc.