Legal Question in Wills and Trusts in California

My uncle, and Godfather passed away last week. Apparently, there seems to be no will, which is odd because I thought he had prepared one years ago - no one in our family has any knowledge of where it would be if it does exist. He was never married, and had no children, and never owned his own home. He expressed to me verbally (which I know isn't valid in CA) that I was to get all of his assets in the even of his death - material and monetary. However, I recently learned that he expressed his wishes to have his assets split 50/50 between my brother and myself, with my brother getting his vehicle as well. He expressed this verbally to 2 "disinterested" witnesses - his roommate, and my aunt (his sister). My family is talking about going through probate, but I know for a fact he has no outstanding debts, and paid his vehicle off years ago. Must we deal with probate? And how do I find out who he listed as beneficiaries on his bank accounts when there's no will?

Asked on 11/16/09, 4:46 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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If there's no will, then his parents would receive his property through laws of intestacy. If they've already gone, then his sibling(s). So, in reality, it sounds like you won't lawfully inherit anything, unless your aunt -- who would probably be his executor -- honors his expressed wishes.

There probably is no need for probate if there are no sizable assets. His sister can marshall his assets if more than 45 days have passed following his death through a small estate affidavit procedure specified in the California Probate Code.

Answered on 11/21/09, 5:30 am

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