Legal Question in Wills and Trusts in California

Re: Brother dieing with no will

He needs to have the court divide the interests in the house and the bank accounts. He is entitled to 1/2 the value in the bank accounts at the time of separation. As property values have significantly dropped in the last 2 years, his interest in the family residence is probably not 1/2 the value at the time of separation, but 1/2 the value at the time the title is transferred.

Re: Brother dieing with no will

If I understand your question, you are asking who will inherit your brother's house and bank accounts, am I correct?

If your brother's ex-wife is a "joint tenant" on the house, he needs to retitle his share of the house as his own separate property.

If the bank account has more than one name on it (for example, if it is still titled in the names of your brother and his ex-wife), the co-owner(s) will inherit it.

If property is titled in his own name (that is, the house and the bank accounts), then it will go to whomever he has named as his beneficiaries in his trust (unless the bank account is set up as a "Pay on Death" account, in which case that will go to the POD beneficiary).

If your brother does not have a will (or a living trust), his property will go to his nearest surviving relatives - his/your parents if they are alive; his siblings if his parents are deceased.

If the assets are worth more than $100,000 and they are not in a trust, it will be necessary to probate them. A trust will avoid probate, so he should consider setting a trust if he is able to do so.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.