ANS:

1. What can a will do for me?

A will is a way of making sure that your property goes to certain people or organizations when you die. It also can be part of your overall "estate plan." (For more information, write to the State Bar of California for a free copy of Do I Need Estate Planning? pamphlet.)

With a will, you can name:

• Your beneficiaries. These are the family members, friends or organizations who will inherit your "estate." Your estate is made up of furniture, jewelry, stocks, bank accounts, cars, a business, real estate or anything else that you own.
  
• A guardian. This person will take care of your children in case you and your spouse die when the children are minors. The guardian will raise your children and manage their money.
  
• An executor. This person or institution collects your property, pays your debts and any taxes that are due and then makes sure that the rest of your estate is given to your beneficiaries.

2. Does a will cover everything I own?

No. Some property is not covered by a will:

• Life insurance. Money from your life insurance policy goes to the people you name as beneficiaries on the policy - no matter who is listed as an heir in your will.
  
• Retirement plans. Money from your retirement plan goes to the person you name in the plan.
  
• Property owned as a joint tenant. If you own real estate, cars, bank accounts and other property with another person or persons as joint tenants, your co-owners will inherit your share.
  
• Living trusts. Any property that you place in a living trust during your lifetime goes to the trust's beneficiary. A living trust is a way of managing your funds and investments during your lifetime and transferring them to a beneficiary after your death. (For more information on living and other trusts, see the State Bar's Do I Need Estate Planning? pamphlet.)
  
• Your spouse's half of community property. In California, any money, California real estate and possessions that you and your spouse acquire during your marriage are called community property. You and your spouse own equal shares of this property, no matter who earns the most. So, your will can include only your half of the community property, not your spouse's.

Possessions and property that either partner brought into the marriage - plus gifts and inheritances given to just one spouse during the marriage - are called separate property. Your will may include all your separate property.

Even if your entire estate consists of a life insurance policy, a retirement plan and joint tenancies, you still should consider making a will. If, for example, you win a lottery or inherit jewelry from a friend, your will would cover such unexpected additions to your estate. It also can name a guardian for your children.

3. What happens if I don't have a will?

If you die without a will, state laws determine who gets your estate.

If you are married, your spouse receives all your community property. Part of your separate property goes to your spouse and part of your children or grandchildren, parents, sisters, brothers, nieces, nephews or other close relatives.

If you are not married, your estate goes to your children or grandchildren, if you have any - or to your parents, sisters, brothers, nieces, nephews or other close relatives.

If you have no living relatives, the state gets everything you own. People who are not relatives won't inherit anything if you die without a will. So, your friends, former spouse or favorite charity won't get a thing. A surviving member of an unmarried couple also does not inherit.

4. Does a will keep my estate out of court?

No. Making a will is not a way to avoid "probate" - the court procedure that changes the legal ownership of your property after your death.

Your will is filed with the county court after you die. The court's probate department makes sure it is your last valid will, appoints the executor named in your will and supervises the executor's work. If someone challenges your will, a probate judge decides if that person should inherit any of your property.

Your estate avoids probate only if:

• you left your entire estate to your spouse, or
  
• your estate is worth no more than $60,000 after your spouse's share is paid, or
  
• your property is held in joint tenancy with another person or is all payable to a named beneficiary (such as the beneficiary you list on a life insurance policy), or
  
• during your lifetime, you put everything you own into a living trust (see #2), so that you own no more than $60,000 in your name at the time of your death.

5. What kind of will should I have?

In California, you can make a will in one of three ways:

• A handwritten or holographic will. This will must be completely handwritten. You must date and sign the will. Your handwriting has to be legible, and the will must explain clearly what you are leaving to whom. Remember: Your family, friends and a probate judge must be able to understand your exact wishes.

A handwritten will does not have to be notarized or witnessed. Even so, having the will signed by witnesses is a good idea. And, since probate laws are to be sure that everything is done correctly.

• A form will. California law provides a fill-in-the-blanks form will. The form will is designed for single, married, and divorced people with modest estates. The form will helps you leave your estate to your children or spouse, and lets you give money to one other person or charity. And, with the form, you also can name a guardian and executor.

You can order form wills by writing: Wills, Box 411, San Francisco, CA 94101. Be sure to include a note stating the number of forms you want, a self-addressed, stamped, business-size envelope and a check or money order - made out to the State Bar for $2.00 per form.

• A will prepared by a lawyer. A lawyer can help you understand the many ways that you can leave your property to beneficiaries. A lawyer also can help you develop a complete estate plan and explain the tax consequences. This kind of planning can save time and money for your heirs.

To ensure a will's authenticity, at least two people who will not inherit from you must see you sign a typed or printed will. These witnesses must sign your will, too.

No matter what kind of will you use, keep in mind that you and your spouse should have separate wills.

6. Can I change my will?

Yes. In fact, if your will isn't up-to-date when you die, important people in your life may not be provided for.

You can change your will through a "codicil," which is a legal paper that becomes an addition to your will or by writing a new will. Do not change your will by crossing things out and writing or typing changes on it.

A codicil can be used to make fairly simple changes such as naming a different executor or one different beneficiary. It needs to be written and witnessed in the same ways that wills are.

You should think about making an entirely new will when:

• you marry or divorce (once you divorce, your ex-spouse will not get any of your estate unless you say so in a new will);
  
• there is a birth or death in the family;
  
• your property greatly increases or decreases in value; or
  
• the person you name as guardian or executor moves away or dies.

Also, if you move to another state, check with a lawyer there to see if your California will is still valid.

7. Who should know about my will?

Other than the lawyer who writes a will for you, no one needs to know what your will says. But your executor and other close friends or relatives should know that you have a will. And, whether you keep the will in a safe deposit box, your lawyer's safe or a fire-proof box at home, they should know where to find it when you die. Also, if you add a codicil (see #6) to your will, be sure to store it with the will.

8. Will my heirs have to pay estate taxes?

Property that you leave your spouse is not subject to federal estate tax. The rest of your estate also will not be taxed if it is worth less than $600,000.

9. What other planning should I do?

You can do several things now that can help your executor and family later on:

• Property list. Help your executor and heirs know what you own by making a list of your property and where it can be found. Name your bank accounts, safety deposit boxes, stocks and bonds, real estate and other possessions. Also write down the names and addresses of your creditors - the people and companies to whom you own money.
  
• Burial instructions. Let your heirs know in writing if you want to be buried or cremated, if you want to donate organs to a hospital and where you wish to be buried.

Be sure to tell your executor and family about these papers and where you keep them.

You also can let people know about your:

• Life support preferences. Someday you may be seriously ill and unable to let your family and doctors know what kind of medical treatment you would like. For example, if you were in a coma, would you want doctors to use life support systems to keep you alive?

In California, you can use a legal form to name a friend or relative to make medical decisions for you if you are ever unable to do so yourself. On this "Durable Power of Attorney for Health Care" form, you also state whether you want life support treatment. Once you have completed this form, the person you named and your doctor must follow your wishes.

If you don't want someone making medical decisions for you, you can let doctors know that you do not want life support by using a California legal form called the "Directive to Physicians." Doctors must follow this directive only if you complete this form after you have been diagnosed as terminally ill.

To get either form, send a note stating which one you want -- along with $2.00 plus your local sales tax to: Sutter Publications, Box 7690, San Francisco, CA 94120.

10. How can I find a lawyer to represent me?

If you do not know a lawyer, ask a friend, co-worker, employer or business associate to recommend one.

Or call a local State Bar-certified lawyer referral service. Look in the Yellow Pages of your telephone director under "Attorney Referral Services," "Attorneys" or "Lawyers." The person who answers your call can make an appointment for you to see a lawyer. Usually, you will pay a small fee to talk with the lawyer for about half-an-hour. If you decide to hire the lawyer, make sure you understand what you will be paying for, how much it will cost and when you will be expected to pay your bill.

What if you do not have enough money to pay for legal advice? You may belong to a "legal insurance plan" that covers the kind of services you need. Or, if your income is very low, you may qualify for free or low-cost legal help. Check the white pages of your telephone director for a legal aid society in your county. You also can ask your county bar association if its lawyer referral services offers free legal advice for low income people or if it can direct you to a no-cost legal services organization.

For more information, write for a free copy of the State Bar's How Can I Find and Hire the Right Lawyer? pamphlet to State Bar Pamphlets, 555 Franklin Street, San Francisco, CA 94102. Please be sure to include a self-addressed, stamped, business size envelope with your request for a quick response.

The purpose of this pamphlet is to provide general information on the law, which is subject to change. If you have a specific legal problem, you may want to consult a lawyer.