Legal Question in Administrative Law in California

Beneficiary

I have all my money,annuties, IRA, and C.D.S in my wife Name. What happens whn I die, does she have to go through probate?


Asked on 1/04/07, 2:24 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Beneficiary

What about real estate? If you own any real estate at all, a probate is very likely going to be necessary.

There could also conceivably be issues regarding the true ownership of some of the property...I note that you use the term "my money" along with "her name." This suggests that in your mind, it is somehow still yours in some sense, Suppose some disinherited relative, tax collector or custodian of an asset also feels that the property might be "yours" and creates an onstacle to her quiet enjoyment of those assets?

I do not recommend inter vivos transfer of property as a substitute for proper estate planning. It may work, but the potential for something to go wrong is highm including the sequence of deaths, tax problemsm creditor claims of fraud, insufficient documentation fully to transfer title, change of mind, and so on.

I would strongly advise seeing an estate-planning attorney specialist to discuss whether all of your assets (or hers, if they are hers) will pass or did pass to her ownership without hassles.

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Answered on 1/04/07, 11:46 am
Terry A. Nelson Nelson & Lawless

Re: Beneficiary

If they are in her name, they are hers, not yours. Thus, no probate when you die. If instead, you meant that she is also on the title with you, that is different. Probate would be avoid if they are held as joint tenants, not if they are held as tenants in common or as community property.

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Answered on 1/04/07, 1:17 pm


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