Legal Question in Wills and Trusts in California
We own one home. We have a saving/checking. We are on social security and I have a small pension. In the pension archives if I pass on my wife gets the pension. Our sibling will not benefit from my pension, it stops when my passes on. We have one child (male) who will receive all our possessions. Our so called estate is not worth more than 400,000. My question would be: Why not just a simple will without executor or administer because our son will be bequeathed all of possessions ( property, checking/savings amounts, car and all house items, inclusive all jewelry, etc)
1 Answer from Attorneys
If you live in CA, then the estate of the surviving spouse will be subject to probate unless you have a living trust, which is more expensive and time consuming for your son than administering a trust. An administrator must be appointed by the court whether you name one or not.