Legal Question in Wills and Trusts in California

any property to children?

one parent dies with no will and has an ira acct along with a bank acct only in their name. The other accts are in both parents name. I was wondering if all goes to t whe living spouse? or does part go to children as well? and is it possible to find out who the beneficiaries were on the separate accts. I think the person that helped other spouse make a trust and got poa put those in the trust without notice of the beneficiaries. Is their a way to verify this?


Asked on 6/22/09, 5:05 pm

1 Answer from Attorneys

Re: any property to children?

If the parent had an IRA account, there would be a beneficiary listed on the New Account form when they set it up and that is the person or persons it is distributed to by company holding the IRA. The bank account will not have a listed beneficiary and would be distributed according to intestate succession. If it is truly separate property (as opposed to just titled in one name), then the shares are divided according to number of children and spouse. If it is cimmunity property, it goes to the surviving spouse. When a settlor makes a trust, they are not required to give any notification to beneficiaries while living.

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Answered on 6/25/09, 5:17 pm


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