Legal Question in Wills and Trusts in California

Assets with no will

My mom owns a house in California,

she doesnt have a will yet. What

happens if she dies before we get to

create a will or a trust? How can we

create a will or trust?


Asked on 8/20/07, 12:31 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Assets with no will

Without a will or a trust, assets pass by the laws of intestacy, through probate.

As to how to create a will or a trust, go to my website, www.yourlivinglegacy.info. I have written a short (approx 100 page) book with everything most people need to know about planning for the possibility of death or disability. If one is single and the net value of the estate is less than $1MM, or married with an estate of net value less than $2MM, you can do it all for less than $100 by downloading the Legacy Trust Package from my website. Check the site, it will likely provide answers to all you questions. The value of the information and advice I provide in my book is in the thousands of dollars if it were given one on one, and, individual consulations would not likely be as complete. It is written in plain English of the lay public, not other lawyers.

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Answered on 8/20/07, 1:32 pm
Kai Wessels Kai H. Wessels

Re: Assets with no will

First, it is important to understand that it is your mother who needs to "create" a will or trust. So she needs to be competent to sign a will/trust and want to have a will or trust drawn up for her. If she wants a will or trust done, she then needs to go to an experienced attorney in her area.

If she dies before she signs a will or trust, then the property will go to her heirs by California's intestate succession laws.

I hope I have helped. If you have any further questions, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(tel. 877-Wessels)

The information provided above is for informational purposes only, and not intended to be relied upon as legal advice.

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Answered on 8/20/07, 2:13 pm


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