Is this where you are?
Your children are young and you worry about the worst
Your children are under 18 and you and your spouse are both gone: who raises them? With no nomination, the court decides.
You have never made a will
You own a home and savings and want to know what happens without a will, and whether you really need a lawyer.
A remarriage or children from two marriages
You want your current spouse protected and the children from a prior marriage to receive something, without a fight later.
Cross-border family and assets
You or your parents also own property or savings in China, and you are unsure what a California will can reach.
The will is years old and your family has changed
A divorce, a remarriage, another child, or an executor who is no longer the right choice.
You are unsure who your beneficiaries are
The forms were filled in years ago, you cannot remember who is named, and it may no longer match what you want.
What we handle
Documents are in English, each with a Chinese explanation. We walk through them with you before you sign.
Individual and couple wills
Drafted around your family: who is executor, who receives what, and when. Married couples usually each sign one, and we first sort out what is community and what is separate property.
Naming a guardian for your children
Nominate a guardian for minor children, with a backup, and arrange who manages what a child inherits and at what age the child receives it.
Choosing an executor
We help you think through who should serve as executor, who the backup is, and whether someone abroad or outside California is a good fit.
Pour-over wills
For families with a living trust, a pour-over will sends any asset left outside the trust into it.
Review of existing wills and beneficiary forms
We check whether an old will still fits your family and compare it against the beneficiaries on insurance, retirement, and bank accounts.
Connecting with assets in China
We gather the facts on property and accounts in China, tell you what the will can solve, and flag what local counsel or a notary there must handle.
Will or living trust
If your home is valuable or you want your family to avoid court, we compare a will with a living trust and give advice that fits your situation.
Probate after a death
If a family member has passed and left a will, we can file it with the court and handle probate, billed hourly.
California will essentials
These are general rules. How they apply depends on your family and your property.
- A formal will: writing, signature, two witnesses：The will must be in writing and signed by you, and at least two witnesses must be present at the same time, see you sign or hear you acknowledge it, sign it themselves, and understand it is a will (Probate Code §6110). Notarization is not required. Witnesses should not be beneficiaries: the will is not invalid for that reason, but without two other disinterested witnesses the law presumes the gift may have come from improper influence, and the witness must rebut it (§6112).
- A handwritten will can be valid but is risky：A will without witnesses can still qualify as a holographic will if the signature and material provisions are in the testator's own handwriting (§6111). The risks: without a date it may conflict with another will or raise questions about capacity at the time of writing, and the wording is often vague enough to end up in court.
- No will: the statutory order applies：The surviving spouse takes the decedent's half of the community property (§6401). For separate property: with one child, spouse and child each take half; with two or more, the spouse takes one third. With no spouse or children, property goes to parents, then siblings, then grandparents and so on (§6402). Unregistered partners and stepchildren are generally not heirs.
- Small-estate limit: $208,850：For deaths on or after April 1, 2025, if the decedent's California property is worth $208,850 or less, heirs can generally collect it by a simplified procedure instead of full probate (Probate Code §13100). A primary residence worth up to $750,000 may pass by a simpler court petition (§13151), which still requires going to court. The figure is adjusted every 3 years, next on April 1, 2028. In Los Angeles, one house usually exceeds it.
- Beneficiary designations beat the will：Life insurance, 401(k)s, IRAs, accounts with a named beneficiary, and jointly held property pass directly to the named person or co-owner (§5000). A clear will cannot change that. A common problem is a former spouse still named on a form, or a blank beneficiary line when the owner assumed the will would cover it.
- Life changes affect a will：After a divorce, gifts to the former spouse and nominations of the former spouse as executor, trustee, or guardian are generally revoked (§6122). A spouse married after all estate documents were signed can claim a statutory share (§21610), and so can a child born or adopted afterward (§21620).
- The will must be found and goes through court：Whoever holds a will must deliver it to the court within 30 days after learning of the death and give a copy to the executor, or be liable for resulting damages (§8200). If the will is in a foreign language, an English translation must be attached to the probate petition (§8002). A will does not avoid probate. A pour-over will sends stray assets to a trust, but those assets usually still go through court first.
How it works with us
Understand your family and assets
A call or WeChat conversation: whether you are married, how many children and how old, whose name your home and accounts are in, whether you have assets in China, and whether you have signed a will before.
Flat fee, in writing
Once the scope is set, we quote a flat fee and write it into the engagement agreement before work begins. It does not go up because you have more questions.
Drafting, explained in Chinese
We draft the will in English with a Chinese explanation. Who serves as executor, who would be guardian, who receives what and when: we go through each choice with you and finalize after you confirm.
Signing and witnessing
We arrange signing and two witnesses as the law requires, and a witness declaration where useful. We will remind you not to use a beneficiary as a witness.
Check beneficiary forms, plan for safekeeping
We review the beneficiary designations on insurance, retirement, and bank accounts so they do not conflict with the will, and tell you where the original should be kept and how the executor will find it. If your family changes later, contact us to update it.
Fees
Flat fee for the will and companion documents
A will, power of attorney, and health care directive are billed at a flat fee, written into the engagement agreement before work begins, with no increase midway.
Hourly for amendments and probate
Revisions to an existing will and probate after a family member's death are billed hourly, with the rate and an estimate given in writing at engagement.
- The documents covered by the flat fee are listed in the engagement agreement. Anything outside that scope is discussed with you and done only with your approval.
- Whether notary, court, and other government or third-party charges are included is stated in the engagement agreement.
- Matters involving assets in China may require separate local counsel or a notary there.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
