Legal Question in Wills and Trusts in California
Surviving spouse, no will, real property. Who inherits?
I have a couple of specific questions. My Father-in-law is quite ill and has no will. I am asking these questions for my Mother-in-law.
1. Real property - if this is held in joint tenency does it automatically goo 100% to the surviving spouse in the absense of a will? Do you have to go through probate or can you just file the surviving spouse form with the county?
2. Other property - if other property (i.e. cars, boat, etc.) are held as either/or do these automatically go 100% to the surviving spouse? Do you have to go through probate?
3. If he signs a ''simple'' will now, will it become an issue if (for whatever reason) his son wants part of the estate?
Background: This is a second marriage for both. He has one son and two grandchildren. She has three children and 7 grandkids. THey are married and living in the same house.
Thanks
3 Answers from Attorneys
Re: Surviving spouse, no will, real property. Who inherits?
Title held in joint tenancy is taken by right of survival, and is not subject to probate. Even if there was a will that gave everything to the son, he would not have rights to a house held in joint tenancy or C.P. with right of survivorship.
Regarding joint bank accounts, they fall under the same catagory.
If the remainder of the estate is less than $100K, it is handled without formal probate. You would need to do some minor paperwork. One would need to see exactly what the remainder of the estate is.
Re: Surviving spouse, no will, real property. Who inherits?
Thank you for your questions. If property is held in joint tenancy, then the property transfers without probate to the living joint tenant(s). As the remainder of your questions, I cannot over emphasize the need for your father-in-law to obtain a will for there will be inheritance issues if there is no will. I sincerely hope that he still has the mental capacity to sign a will. If so, it is imperative that he see an attorney and execute a will. If he lives in the Santa Clara County area, I am willing to assist him and your mother-in-law.
Sincerely,
Kai H. Wessels, Esq.
(408) 268-2580
Re: Surviving spouse, no will, real property. Who inherits?
It looks like the other attorneys have answered your question. In particular, I agree that a will is necessary. Do not want there to be any dispute about who gets the other property. A will written by your father in law, signed by your father in law, and dated would be sufficient. Of course, an attorney drafted will is probably better and less likely to be attacked but any kind of a will is better than nothing. Good luck to you!
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