What Mistakes Can Damage My Will?

Nearly one in five people living in Los Angeles is under 18. For their parents, the question of who would raise those children after a double tragedy has exactly one legal answer: whatever the will says. Without one, a judge makes that choice without ever having met the family. The city also carries a large population of older residents, many of whom own a home, hold retirement savings, and have grown children who will one day need to know exactly what their parents intended.

The January 2025 wildfires raised a problem few households had planned for. An original will kept in a desk drawer or a home safe burns along with the house, and proving what a lost original said can add real steps to a probate case. Where the signed document is kept matters nearly as much as what it contains.

1. Residents under 18 make up 19.2% of the city's residents, according to U.S. Census estimates.
2. Adults 65 and older account for 14.2% of the population in the same figures.
3. Los Angeles has 1,439,097 households, with an average of 2.61 people in each.

Mistakes That Can Damage Your Will

Most wills that fail do not fail because of a dramatic dispute. They fail because of small choices made years earlier, usually with good intentions. The same errors come up again and again, and nearly all of them can be prevented at the drafting stage.

• Writing it from a template. A form downloaded online has no way of knowing whether you own rental property, have a child from a prior marriage, or want to leave a family business to one heir. The risks of DIY documents rarely surface until the will is being read.
• Trusting a handwritten version. Some handwritten wills are valid in California. Many are not, or they contain gifts so loosely worded that relatives end up in court arguing over what a single sentence meant.
• Choosing an executor out of obligation. The oldest child is not always the right person for the job. Distance, health, and family friction all matter, and choosing an executor deserves as much thought as choosing beneficiaries.
• Leaving money outright to a minor. A ten-year-old cannot manage an inheritance, and a gift left to a child with no structure around it can end up under court supervision until adulthood. There are better ways to handle a minor beneficiary, usually through a trust written into the will.
• Marking up the signed copy. Crossing out a name or writing a new gift in the margin feels like an easy fix. It rarely is. Handwritten changes on a signed will can create doubt about which version reflects your wishes, and that doubt is where disputes begin.
• Leaving someone out without saying so. Silence invites a challenge. If you intend to leave a child or relative nothing, the will should make that intention unmistakable. The grounds for disinheritance and how to document them are worth discussing openly.
• Overlooking a child born later. A will signed before a child's birth or adoption may not account for that child at all. The rules for an omitted child can produce a result nobody wanted.
• Promising one thing and writing another. Telling a daughter she will get the house while the will splits it three ways creates exactly the kind of dispute a will is supposed to prevent.

Los Angeles Wills Lawyer FAQs

Does a will need to be notarized in California?

No. A notary stamp is not what makes a California will valid. Proper signing and witnessing are. People often assume the opposite and skip the witnesses, which is where problems start. Our Los Angeles wills attorneys walk clients through the signing so the formalities are handled correctly the first time, and we explain what each signature on the page is for.

Can I record my will on video instead?

A video on its own does not replace a signed, properly witnessed document. Some families still record a statement as supporting evidence of the person's wishes and state of mind. Whether a video copy of a will helps or complicates matters depends on what it says and how it was made, so we talk it through before anyone presses record.

How do I find out whether my late parent left a will?

Start with the obvious places: a home safe, a file cabinet, the family attorney. Banks sometimes hold wills in safe deposit boxes, and older documents may sit with a retired attorney's successor firm. There are several practical ways to learn if a person has a will, and we can help search when the trail runs cold.

What happens if someone in Los Angeles dies without a will?

State law picks the heirs and their shares, and a court appoints someone to administer the estate. That person may not be who the family would have chosen. Parents lose the chance to name a guardian, and unmarried partners can be left out entirely. The consequences of dying without a will are often harder on a family than the grief itself.

Can someone challenge my will after I die?

Yes, though a challenge needs a legal basis. The usual claims are that the person lacked mental capacity, was pressured by someone close to them, or signed without the required formalities. Clear drafting, a properly supervised signing, and honest communication with family reduce the risk considerably. The grounds for contesting a will are narrower than most people think.

Is a will I signed in another state still good here?

Often it is, but it may not work the way you expect. Property rules differ, especially for married couples, and executors named in another state may face practical hurdles here. Anyone who has moved to Los Angeles should have the document reviewed. Whether a will survives a move is one of the first questions we answer for new residents.

Should each of my children inherit the same amount?

Not necessarily. Equality is not always fair, particularly when one child provided years of caregiving or another already received substantial help. What matters is that the will explains your reasoning clearly enough that your children understand it. Families weighing equal inheritance shares benefit from talking it through before drafting.

What does a will cost at The Werner Law Firm, PC?

It depends on what the will needs to do. A will for a single person with one bank account is a different project from one that creates a trust for a minor or coordinates with a business. We explain the cost during the free consultation, before any drafting starts, so there are no surprises later.

Can I leave property to someone outside my family?

Yes. Friends, a longtime caregiver, a church, or a university can all be beneficiaries. Gifts to people outside the family are also among the ones relatives are most likely to question, so the language should be precise. Many clients also include a charity alongside their family gifts.

Can I leave money for the care of my pet?

You can. Pets cannot inherit directly, but a will can leave funds to a caregiver with instructions, or create a trust for the animal's care. Families who want to make a pet a benficiary usually do it through one of these arrangements.

About The Werner Law Firm, PC

Troy Werner, our managing attorney, is certified by the State Bar of California in the specialty of estate planning, trust, and probate law, and his volunteer work earned him Christian Legal Aid of Los Angeles's 2023 Pro Bono Attorney of the Year award. We serve families in English and Spanish. Our founder, meanwhile, has been voted "Best Of" Santa Clarita Valley by readers of The Signal eight years running.

Read more reviews on our Google Business Profile.

Contact The Werner Law Firm, PC

A will takes an afternoon to sign and can govern your family's affairs for decades. Our Los Angeles wills lawyer will talk through who depends on you, what you own, and the decisions only you can make, then explain what the document needs to say. The first consultation is free, and you will know the cost before any drafting begins. Appointments are available at our Los Angeles office. Contact us to schedule a time to discuss your plan for the future.