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Wills & Estate Planning FAQs

Q: Why should I have a will?
A: A Will gives you the power to leave your property and assets to the people that you care about the most. If you have children, a Will gives you the power to decide who will take care of your children upon your passing.

If you die intestate, or without a Will, the state will take this power away from you – and make all of the decisions regarding the distribution of your property and children’s well-being.

Dying without a Will can have significant consequences for your loved ones. If a person does not have a Will, the state may require a more extensive probate process or the independent administration of your estate. This can be costly and may drastically reduce the estate that you would have wanted to leave to your loved ones.

Q: Who should create a will?
A: Every person needs a Will. This way, your property can go to the people or charitable organization that you want it to go to.

If you fall into a “high-risk” group you are encouraged to create a Will as soon as possible.

  • You are currently single
  • You have minor children
  • You plan to travel overseas
  • You have been diagnosed with a chronic health condition
  • You have been divorced and are currently single or remarried
  • You have a significant other but are not married
  • You own a business or have a large estate
  • You want to leave your property to a charity or church

Q: I made a will a few years ago. Do I need to update my will?
A: We recommend updating your Will every few years. This way you can update/change beneficiaries or add/modify newly acquired property (i.e. house, cars, 401(k), investments, bonds, stocks, etc.).

Major life changes warrant an updated Will, such as the death of a family member, divorce, birth of a child, niece, nephew or grandchild, or additions or loss of property.

Q: What makes a will prepared by the Law Office of David Nguyen, PC different than any other will prepared by another attorney or online company?
A: Our law firm will listen to you and draft a Will based on exactly what you want. We will not limit you to a standardized Will that online companies or other law firms may use.

All Wills drafted by our law firm will (at least) have the following forms:

  • A Will will allow you to distribute your property and assets to your loved ones upon your passing.
  • An Advanced Health Care Directive to Physicians form will allow you the opportunity to make end-of-life decisions for yourself in the event that you should become incapacitated and unable to make decisions. It will also allow you the opportunity to choose an agent to act on your behalf.
  • A Medical Power of Attorney form will allow you to choose an agent who is authorized to act on your behalf with respect to medical decisions in the event you become unconscious or mentally incapable of making decisions.
  • A Health Insurance Portability and Accountability (HIPPA) form will allow you to designate a person or persons to obtain your medical records or receive health information from your medical providers.
  • A Durable Power of Attorney form will allow you to choose an agent who is authorized to act on your behalf with respect to financial decisions in the event you become temporarily or permanently incapacitated.
  • A Designation of Guardian of Person form will allow you to choose who will take care of you in the event that you become incapacitated.

Additionally, our law firm can customize your will even further. We can assist you with the following:

  • Making specific bequests to individuals (i.e. China plates to Aunt Mary, Rolex watch to Uncle Paul, etc.)
  • Funeral arrangements (i.e. cremation or burial, location of funeral or burial site, attendees, etc.).
  • Proof-read prior wills and make amendments, if necessary.

Q: I am getting my will prepared. Does my husband need his own will?
A: The answer is yes. Both of you will need a Will.

A Will is a document that allows you to give the property that you own upon your death. Since you can only transfer your property, your spouse will need to contact our office to have his Will prepared too.

We recommend that spouses draft their Will at the same time.

Q: I just had my will prepared with your law firm. Do I have to file it with the court?
A: Filing or “depositing” a Will with the court is not required. However, if you would like to file it with the court you can. The filing fee is nominal and our law firm can assist you with this process.
Q: How much does it cost?
A: Individual costs for Wills vary based on the size and complexity of the estate, such as number of financial institutions, real property, stocks, 401(k) or retirement plans, life insurance, businesses, pensions, debt, loans, children, specific bequests, etc.

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