Legal Question in Wills and Trusts in California
I am filing a spousal property petition. My husband passed away in April, 2010. He did not have a will or trust. He assigned benefeciaries for his benefits at Comcast, for whom he was employed. However, he had stock in the company for which now benficiary was given, so the company told me to fill out a form and file a spousal property petition in order to sign the money over to me. Anyway, I am filling out the form DE-221. I got to line 7, and I am not sure if I need to check a. or b. or both. Could you please help me with this?
2 Answers from Attorneys
Sorry to hear about your husband passing.
You check both boxes in section 7 of the petition. One is confirming your one half community property interest in the asset and the other is confirming your husband's half of the community property interest that passes to you.
If the stock is currently less than $100,000, then you could use a small estate affidavit under Probate Code Section 13100 instead of filing a spousal property petition.
And if it's under $150,000, you can use the 13100 affidavit if you wait until Jan 1, 2012 when new law takes effect.
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