• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Legacy Planning
    • Probate
    • Asset Protection & Business Planning
    • Trust Administration
    • Trust, Probate and Estate Litigation
    • Estate and Gift Tax Figures
    • Family-Owned Businesses
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • Loss of a Loved One
    • Power of Attorney
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Probate
    • Is Probate Always Necessary In California?
    • Why Hire A Probate Attorney
    • Probate Administration
    • Probate & Estate Planning Savings Calculator
    • Probate Code 850 Petitions
    • Probate Disputes
    • Probate In California
    • Probate Laws
    • Probate Litigation
  • Elder Law
    • Conservatorship
    • Coping with Alzheimer’s
    • Estate Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
    • Estate Planning
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Special Needs Planning Can Protect Benefits
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
      • Webinars
    • Frequently Asked Questions
      • Advance Health Care Directives
      • Asset Protection
      • California Adult Conservatorship
      • Estate Planning
      • Estate Planning & Remarriage
      • Frequently Asked Questions For Families Without An Estate Plan
      • In-Home Elder Care
      • IRA Inheritance Planning
      • IRA & SECURE Act
      • Irrevocable Trust
      • Last Will and Testament
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trust
      • Probate
      • Social Security & Medicare
      • Special Needs Planning
      • Trusts
      • Trust Administration
      • Wills
    • Newsletters
    • Pre Consultation Form
    • Presentation
    • Published Book
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Los Angeles County
      • Bellflower
      • Cerritos
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Inglewood
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Manhattan Beach
      • Playa del Rey
      • Santa Monica
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
    • Orange County
      • Anaheim
      • Buena Park
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Stanton
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG
  • Videos

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Connect With Us Today (310) 337-7696

Attend a Free Webinar
Home » Estate Planning » Questions to Consider When It’s Time to Create Your Will

Questions to Consider When It’s Time to Create Your Will

December 4, 2021Estate Planning

Last Will and Testament

The first document you create will likely be a Last Will and Testament when you decide to get started on an estate plan. Creating your first Will can be intimidating given the importance of the document. Taking the time to contemplate what you need and want in your Will ahead of time will make the process run smoother and help ensure that your Will accomplishes what you want it to accomplish. Toward that end, a Los Angeles estate planning attorney at Schomer Law Group, APC offers some questions you should ask yourself before creating your Will.

Last Will and Testament Basics

A Last Will and Testament is a legal document that communicates your final wishes regarding how you want your assets handled after you are gone. You can make specific or general gifts in your Will. Leaving your home to an adult child is an example of a specific gift while leaving 50 percent of your entire estate is a general gift. You will also appoint someone as your Executor in your Will whose job is to oversee the administration of your estate and nominate a guardian for your minor children if you have any.

Questions to Consider When Making Your Will

Although you will probably need to consider additional questions based on your unique circumstances when creating your Will, the following are some common questions that most people need to consider:

  1. What if the best type of Will for me?  Most people do not recognize that all Wills are not the same. Specialized Wills address special circumstances. For example, if you own assets in another country, a simple Will may not be enough. Instead, you may need an International Will or you might need to create a second Will in the country where your assets are located. At some point down the road, you may also need a Pour-Over Will to cover assets inadvertently left out of a trust if you decide you use a trust as your primary method of distributing estate assets.
  2. What are my estate assets and what are they worth? You undoubtedly have a general idea of what you own and what your overall net worth is; however, when you create your Will, you need a very detailed picture of your estate assets and their worth. Create a list of all assets, where they are located, and what the current market value of each asset is.
  3. Which assets will need to go through probate?  Probate is the legal process that most estates go through before assets can be distributed to beneficiaries or heirs. Not all assets, however, are required to go through probate. Non-probate assets can typically be transferred or distributed to the beneficiary shortly after your death. Common examples of non-probate assets include trust assets, proceeds of a life insurance policy, and certain types of jointly held property. Identifying which assets are probate assets is crucial prior to creating your Will.
  4. Who are my beneficiaries and are any of them minors?  It is probably easy to identify most of your beneficiaries; however, make a list to be sure you haven’t forgotten anyone, such as your favorite charity, religious organizations, or your alma matter. If you plan to leave any of your assets to minor children, you must take extra care when creating your Will because minors cannot inherit directly from your estate. That means that assets left to a minor using your Will must be managed by an adult until the child reaches the age of majority. Creating a trust to guard those assets is usually recommended.
  5. Who should be my Executor?  Given the importance of the duties and responsibilities of your Executor, choosing your Executor should be done after careful consideration. Keep in mind that if you appoint a family member or close friend that person will also be grieving your loss when acting as your Executor.

Contact a Los Angeles Estate Planning Attorney

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about estate planning, or you are ready to get started on your Last Will and Testament, contact an experienced Los Angeles estate planning attorney at Schomer Law Group APC by calling (310) 337-7696 to schedule an appointment.

  • Author
  • Recent 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)
  • Can a Beneficiary’s Interest in a Trust Be Sold? - August 5, 2022
  • Can a Trustee Be Fired? - July 29, 2022
  • Understanding Special Needs Trusts - July 28, 2022

Other Articles You May Find Useful

Understanding Undue Influence – Part II
Understanding Undue Influence – Part I
Los Angeles estate planning attorneys
Strategies to Help Protect Your Assets
Abogados de planificación patrimonial de Los Ángeles
¿Cuándo Debo Actualizar Mi Plan de Sucesión?
How Do I Trust Thee…Part III
How Do I Trust Thee…Part I

Primary Sidebar

Schomer Law Group, Los Angeles Estate Planning and Elder Law Attorneys

Schomer Law Group

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.

Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

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
  • Instagram

Blog Subscribe

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

Office 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

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

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Schomer Law Group

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

footer-logo
© 2022 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2022 American Academy of Estate Planning Attorneys, Inc.