Legal Question in Wills and Trusts in California

My son-in-law has stage four corectal cancer at 51 years of age. Neither he nor my daughter have a will. If he dies during surgery, will she automatically inherit? Will half the value of their home be stepped up to market value? Is any paper work requied to be filed after his death? By the way we are planning on him pulling through! What if anything should be done before surgery? Their home is the only real property they have. Cars are leased. I am sure they have lots of debt as well. Both are teachers. Thank you for your help.


Asked on 10/09/09, 11:30 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

I am so sorry to hear about this, it truly is awful news and I hope he pulls through as well.

As his wife, your daughter should receive everything in his estate without the need for Probate. The home should not receive a step up in value because as his wife, it is already community property in CA and she is, therefore, already an owner. You will need to file paperwork with the Assessor's Office in the Count where the property is located notifying them of his passing, G-D forbid, if he does pass away.

Before surgery? If there is time to prepare a trust with a pour over will, I'd certainly recommend that. Beyond that, spend time with him and let him know that he is well thought of and cared for.

I wish him, and your daughter, the best of luck.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 10/13/09, 8:26 pm


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