Los Angeles Last Will and Testament Attorney
Building the Foundation of Your Estate Plan
A will is the document most people associate with estate planning, and for good reason. It lets you decide, in your own words, who receives your property, who should raise your minor children, and who you trust to carry out your final wishes as executor. Dying without a valid will means California's intestacy laws decide these questions for you, often in ways that do not match what you actually wanted.
The Law Office of Mitchell A. Port drafts wills for individuals and families throughout Los Angeles County, from straightforward single-page documents to more detailed wills that coordinate with a living trust and other estate planning tools.
What Makes a Will Valid in California
To execute a valid will in California, you must be at least 18 years old and of sound mind, and the document must generally be signed in the presence of two witnesses who are not beneficiaries under the will. California is also one of the few states that recognizes holographic, or handwritten, wills without witnesses, provided the material terms and signature are in the testator's own handwriting. While a holographic will can be legally valid, it is far more prone to challenge and ambiguity than a properly drafted and witnessed document, which is why we rarely recommend relying on one.
What a Will Can and Cannot Do
A will lets you name an executor, designate guardians for minor children, direct the distribution of your probate assets, and establish testamentary trusts for beneficiaries who are minors or who need asset protection. What a will cannot do is override beneficiary designations on life insurance or retirement accounts, or control assets already titled in the name of a living trust. Coordinating your will with these other planning tools is one of the most common gaps we find when reviewing a client's existing documents.
The Pour-Over Will
For clients who have a revocable living trust, we typically draft what is called a pour-over will. This type of will names your trust as the beneficiary of any assets that, for whatever reason, were never retitled into the trust during your lifetime. It acts as a safety net, ensuring those assets still end up governed by your trust's instructions, though they may have to pass through probate first.
Frequently Asked Questions
What happens if I die without a will in California?
Your estate passes under California's intestate succession laws, found in Probate Code section 6400 and following, which distribute assets to relatives in a fixed order regardless of your actual wishes. A surviving spouse, children, and other relatives may end up dividing your estate in ways you would not have chosen.
Can I write my own will using an online template?
You can, but we frequently see homemade wills that fail to meet California's execution requirements, contain ambiguous language, or conflict with other estate planning documents. A will drafted and executed with legal guidance is far less likely to be challenged or misinterpreted after you are gone.
Call (310) 526-3433 to have a Los Angeles wills attorney at the Law Office of Mitchell A. Port draft or review your will.
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"I highly recommend Mitchell A. Port"Living outside California, I needed an attorney from the Los Angeles area to handle my difficult LA Probate case. I went online and fortunately found a very experienced Probate Attorney in LA named Mitchell A. Port. Mitchell took my Probate case and did an excellent job helping me navigate through the intricacies of the LA Court Probate system. He quickly responded to any questions I had and was extremely knowledgeable about the steps required to complete the entire Los Angeles County Probate process. I highly recommend Mitchell A. Port to handle any of your future needs concerning the LA Court Probate system.- Randall
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"Knowledgeable, Personable and Results-oriented"Mitch is a great attorney - knowledgeable, personable and results-oriented. He helped me work through a challenging probate issue and his expertise was invaluable in terms of moving the case forward. Two thumbs up and five stars from me.- Jason
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"I found Mitch online and it was the best click I ever made"When I needed a probate attorney I found Mitch online and it was the best click I ever made. Thanks, Mitch- Norman S.
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"My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!"My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!- Cathy W
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"Mitch is compassionate, extremely knowledgeable and professional"
Mitch is compassionate, extremely knowledgeable and professional
- Lynne -
"Mitchell met my highest expectations."Mitchell met my highest expectations.- LaTrisha M
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"Mitch was awesome throughout this entire process and made this a stressless process."Mitch was awesome throughout this entire process and made this a stressless process.- M. C.
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"Probate cases can be difficult but attorney Mitchell Port makes them easier to understand."Probate cases can be difficult but attorney Mitchell Port makes them easier to understand.- Glendene W.
