Legal Question in Wills and Trusts in California

Re: What to do if no spouse or no will?

The life insurance and 401K assets can be distributed to his beneficiaries without going through probate court in CA. The vehicle and bank account may have to be probated, however. It depends how your father set up ownership of these assets. If so, you may have to contact a CA attorney for assistance. You may want to have an attorney here review your father's paperwork if you have it to help you decide.

Re: What to do if no spouse or no will?

I am sorry for your loss.

You do not have to hire an attorney but hiring a well qualified probate attorney will usually help you a lot. I, for example, am a Certified Specialist in Estate Planning, Probate and Trust law (by the state bar board of legal specialization). I do a lot of probate work throughout the state. In your case, if the total of the assets exceeds $100,000 in value then a probate is legally required. I can easily help you with it. Please call me to discuss your case! -John

Re: What to do if no spouse or no will?

You have to hire an attorney here to look into it to probate what needs to be probated and otherwise arrange the transfer of his assets according to the law.

Re: What to do if no spouse or no will?

You do not have to hire an attorney. Although being in Ohio it might be in your best interests. If you know someone in California that is an attorney call them, see if they can handle it or know someone who can.

If not, you are welcome to call my office and I will do what I can to help. I am an Ohio University Alumni, and a rabid Buckeyes fan as well!

JDH