Legal Question in Wills and Trusts in California

to will or not to will

i am a 53y/o male. i do not have a will, living trust or living will.

my question is if i have my daughter on the title for my house, my savings/checking and my 403B, does the ''estate'' still run the risk of going into probate?

many thanks.


Asked on 9/30/04, 11:10 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: to will or not to will

It depends on how she is listed. If the items you named have her listed as a joint owner with rights of survivorship, then they should pass to her with little issue. Note, however, that this is only a should and not a certainty.

Is there a particular reason you have avoided having a trust? A will can only protect you so far, about as far as a Probate proceeding. Perhaps you should take a moment and review the benefits of a trust on our fir's site

www.No-Probate.com. At the very least it will better inform you as to your decision.

Good luck!

Scott

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Answered on 10/01/04, 5:10 pm


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