Legal Question in Wills and Trusts in California
I have a recently decesed family member who lived in the state of California. He had no written will that we are aware of. He was not married, had no children and has two siblings. A few months prior to his passing he spoke with his attorney (specializes in trusts and property litigation) and told him that it was his wish that his sister be his sole beneficiary to his entire estate. Does this verbal wish stand up following his passing, or will the entire estate enter probate for his siblings to dispute over?
4 Answers from Attorneys
The court would not even be willing to hear testimony regarding his verbal wish, much less enforce it. It is of no effect.
It's best if his siblings could work it out. Litigation in probate could get very expensive, money is paid to attorneys, and the estate often gets depleted -- if not reduced substantially.
I agree that orally-expressed desires have no weight at all in deciding the distribution of an estate, Also, under the law of intestate succession, the two siblings will divide the estate equally (as to dollar value), so there's probably not as much to dispute as in a "will contest" situation.
It would work on TV but not in California. And the answers that tell you litigation is expensive are to be taken quite seriously. Compromise is better and if there is no will the estate passes by intestate succession. If there are only siblings, no parents or children or wife, the siblings will split it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
