Legal Question in Wills and Trusts in California

end of life,leaving money to non relative

how does a single male with assets of $250,300 money leave the most to a non relative S O of 25 years?


Asked on 8/05/08, 5:23 pm

2 Answers from Attorneys

Janet Brewer Law Office of Janet L. Brewer

Re: end of life,leaving money to non relative

To add to the previous answer, if the significant other could be considered your "caregiver" by any stretch of the imagination, it would also be extremely prudent to obtain a "certificate of independent review" for your estate plan. California has a rather unique provision in the law that presumes someone like a caregiver can "unduly influence" you to leave money to him/her (even if that caregiver is a S.O.). If you leave the caregiver any money, the gift will be VOIDED unless a second lawyer interviews you and concludes that you know what you're doing and you're not being coerced into giving the gift.

So play it safe and get the certificate - or, if all the assets are in a bank account, make the S.O. the "pay on death (POD)" beneficiary of the bank accounts (if it's a brokerage/mutual fund account, you can make the S.O. a "transfer on death (TOD)" beneficiary).

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.

Read more
Answered on 8/06/08, 2:51 am

Re: end of life,leaving money to non relative

Prepare a will with proper formalities. Alternatively, prepare a living trust with independent person as the trustee.

Make sure that all testamentary formalities are followed.

You should have a consultation with an estate planning attorney to discuss your options.

Read more
Answered on 8/05/08, 5:30 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California