Legal Question in Real Estate Law in California

Re: dying parent, no will

Do? Take care of them until death, then you'll have to probate their estate. The same answer applies if they had a will, only then the will would determine who gets the estate. Without a will, the 'intestate rules' determine who the court awards the estate to. It's too late for an incompetent person [if that's true] to make a will, or establish a trust, which is what probably should have been done. Feel free to contact me when the time comes for filing the probate, or if you need to seek a Conservatorship over the person to get the authority to take care of their assets and care now.

Re: dying parent, no will

Incompetence to make a will is an issue that a layman may not be able to decide. Of course, in some cases it is obvious, but there are often instances where the law does not regard the elderly person as so incompetent that he or she cannot make a will, even though the close relatives think so. In any case of doubt, it may be a good idea for the treating physician and a lawyer trained in elder law or estate planning to chat together with the patient and form a joint opinion as to legal competence. Merely exhibiting signs of dementia, forgetfulness or odd personality traits may not amount to legal incompetence.

If a person dies without a will or trust, his or her estate will be handled according to the laws of intestacy. Under these laws, larger estates will pass through probate under the guidance of a court-appointed administrator. The net assets of the estate will be divided among a surviving spouse (if any) and the close relatives according to a set formula.