Intestacy Scenarios 3 Common Situations

If you die in San Diego without leaving a legitimate last will and testament, all your home goes to owners that are pre-determined under California law.

These laws, called intestate succession laws, give your home or business to those related to you. The only way to alter these laws from applying to your estate is by creating a valid will and making your options yourself.

Situation 1:

You pass away without a spouse or children. In this situation, your moms and dads inherit your estate. If just one moms and dad survives your death, half goes to the surviving parent and the other half is split in between your siblings. If there are no moms and dads, your siblings divide your whole estate. If no parents or no siblings, your estate goes to your grandparents or their descendants, whoever is the closest relation to you.

Situation 2:

You die leaving an enduring partner but no children. Your enduring partner is entitled to receive all your personal effects. If you do not have any making it through parents, siblings or descendants of your siblings, your spouse also receives all of your real property. However, if you have enduring parents, your parents get half your real estate and your partner the other half. If your moms and dads are dead but you have enduring brother or sisters or descendants of brother or sisters, the brother or sisters take half the realty and your surviving partner the other half. Divorced partners do not take any home.

Situation 3:

You die leaving a surviving partner and numerous children. The way your estate is divided will depend on if your children are all from your current marital relationship or if you have kids from a previous marriage and also whether you obtained the residential or commercial property during your marital relationship or whether it was offered to you as a present or as part of an inheritance. Ultimately, depending upon the characteristics in your household, your spouse and your children may not be prepared for or anticipating the circulation they receive at your death as a result of the laws of intestacy.

Consider what you would like to happen to your house when you pass away.

Do you want to be sure that your spouse or better half is attended to?

Do you desire your children to get something immediately?

Are there specific treasures or traditions you wish to continue to stick with your family or family?

According to a San Diego Estate Planning Lawyer, These are all factors to consider that can be dealt with in a Will or other testamentary document such as a revocable living trust.


Map To Estate Planning Attorney Steve Bliss: