Legal Question in Wills and Trusts in California
My husband just passed. We were married 23 years and neither of us had any children. We did not have a will and our house, car and bank account are in both names. He has a separate bank account where his pension check gets deposited. I am listed as a beneficiary on the pension and will continue receiving benefits, Do I need a Spousal Or Domestic Partner Property Petition for anything? Thank you.
1 Answer from Attorneys
No. The answer depends on how title is held. Most likely you will just need to record a Notice Death of Joint Tenant with the county recorder and the property will become yours solely.
As for the separate bank account, depending on the size of the account, you may have to file for probate to get access to the money or, if it a small account (less than $10,000), you may get access by executing an Affidavit Small Estate.
Is there a reason you don't have a will or a trust? You must have someone you want your estate to eventually go to.
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