Legal Question in Wills and Trusts in California
Father, no will
A man dies - he is divorced and has full custody of his child, 18. If he doesn't leave a will, does everything automatically go to his child?
1 Answer from Attorneys
Re: Father, no will
Property titled in the father's name would pass to the son under the rules for intestate succession, assuming father does not remarry and does not have any other children. Non-probate assets like Pay On Death designated bank accounts, IRA/401(k) accounts, life insurance, and so forth would pass to whomever is the designated beneficiary. Property in joint tenancy would pass to the joint tenant.
However, relying on intestate succession may not be a good idea - if the father's property includes real estate, a probate proceeding will be needed to transfer the real estate, and filing fees and attorney fees for the probate are likely to be more expensive than pre-death estate planning. Also, an 18-year old may not have the maturity or experience which would be preferable for managing an estate of any significant size.