Legal Question in Wills and Trusts in California

Re: does every thing in a will and trust go into prbate if not signed after they die

Any assets that are held in the name of the decedent goes into probate whether there is a signed will or not. A will does not avoid probate. In fact, it elects to have a probate. Without a will, the order and percentages of inheritance is determined by State laws, called the laws of intestacy.

I recommend you get a free download of my Special Report, "The 7 Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." You can get it at my site, www.IWant2CreateMyLegacy.com. You should probably also get my book, Create Your Legacy & Save the American Middle Class. It contains the information that I developed for lay audiences in hundreds of seminars to thousands of people. It will answer nearly all of your questions about how to protect a family from the financial catastrophe that can often accompany the inevitabilty of death and the likelihood of disability. And answer a lot of important questions you never thought to ask. Both are terribly important. A lot of people don't realize that conservatorship is the fastest growing lawsuit in America and the average conservatorship lasts 3 years today. That is because medicine has gotten better and better at keeping us "alive" ofen under the worst circumstances.

The book contains a copy of the "LEGACY LIVING TRUST PACKAGE". It is, as far as I know, the only complete living trust planning package written in what I call "people ease" rather than legalese. Anyone reading at a 10th grade level should be able complete the package themselves with the information in the book. It is designed to be valid in all 50 states and even contains forms for making amendments when the desire to do so appears.

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You may want to log in on my blog on that website or on www.MWRoth.com, and create an RSS Feed on your E-mail system since I will be beginning shortly a 3 month regular post on the topic of asset protection for the middle class.

Re: does every thing in a will and trust go into prbate if not signed after they die

Generally speaking yes. There are exceptions of course. Under $100k, joint tenancy, etc.... Feel free to call or email me for a free consultation. -John

Re: does every thing in a will and trust go into prbate if not signed after they die

The two are totally different documents, but both must be signed to be effective. If nothing is signed the person has died intestate and the Courts will have to handle all assets.

Re: does every thing in a will and trust go into prbate if not signed after they die

answered below.