Intestate Share of Surviving Spouse Under California Law When a person dies without a will, intestate, your state’s probate code outlines what will happen to their estate. California, being a community property state, has three different classifications of property to administer: Community Property, Quasi-Community Property, and Separate Property. Spouses and domestic partners are treated interchangeably [...]
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What Happens When A Child is Left out of An Estate Plan?
The Omitted Child Last week, I wrote about what happens when a spouse is omitted from an Estate Plan. I anticipate that the next question on peoples’ minds might be, well what about an omitted child? Perhaps unsurprisingly, the California Probate Code sections dealing with omitted children tracks a path similar to how it treats [...]
What Happens When a Spouse is Left out of an Estate Plan?
The Problem of the Omitted Spouse I have previously discussed the order in which an estate is distributed when a person dies intestate, without a will. As a corollary to that post, I thought I would discuss the issue of what occurs when there is an Estate Plan in place, but a spouse is left out, or [...]
Is a Spendthrift Trust Right for You?
The Benefits of a Spendthrift Trust For many of us, the point of working with an attorney to create an ironclad Estate Plan is to ensure that our children and other friends and family are well taken care of after we are gone. There are several types of trusts that can address issues that people might [...]
Per Stirpes v. Per Capita Representation and Why it Matters When a person dies without a will, intestate, their estate will be distributed according to the controlling state’s laws of intestacy. Aside from details regarding the order in which heirs will inherit (e.g. children, parents, siblings, etc.), laws of intestacy also control how those shares [...]
