Legal Question in Wills and Trusts in California

Re: Dying Without a Will

It depends on how title was held. If it was held as joint tenants or community property, it would all go to yyou. If it was his separate property, or held as tenants in common, there would be a split between you and the childrent.

You may need to establsih a probate in order to change title.

Re: Dying Without a Will

this depends, in part, on how title was held to his assets - joint tenancy, community property, separate property. retirement plan accounts and life insurance go to designated beneficiaries (regardless of any will or trust).

under the laws of intestacy his separate property assets will be divided among you and his children. see PROBATE CODE SECTION 6400 through 6455 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

if his estate is more than $100,000 or includes any real property you will need to retain an attorney and open a probate.