Legal Question in Wills and Trusts in California

I am a single person and want to will my property to my roommate who is my best friend. Can my siblings stop him from getting the property? I want to make sure he has the property if something happens to me. The property is in California. My siblings are in Nebraska.


Asked on 3/10/10, 10:31 pm

3 Answers from Attorneys

Richard Gaines Gaines Legal Services, Inc.

No They can't stop you. Where are you located. You should have a Trust.

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Answered on 3/16/10, 7:53 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Your siblings have no right to decide to whom you leave your property when you die. You should have at least a will, that states who you want to handle your affairs when you die and what you want done with your property. You should also consider having a revocable trust, and putting your property into that trust now. That greatly simplifies things when one dies, and also allows for other events such as disability. If you want, I would be glad to discuss these issues with your further.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 3/16/10, 8:42 am
Aaron Feldman Feldman Law Group

No one is entitled to inherit anything from your Estate. However, in the absence of a valid Estate Plan (a Will or a Trust), your property will pass through intestate succession which could result in property being transferred to your siblings. If you want to set up something to bequeath property to your friend, then you should strongly consider a Trust that will also avoid the expense of having to go through Probate to transfer whatever property you have. To determine the best solution for your particular situation you should consult with an attorney who can revieww the specifics of the types of assets and the best type of planning. Please contact me and I would be happy to discuss this with you further.

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Answered on 3/16/10, 8:45 am


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