Legal Question in Wills and Trusts in California

How do I write a spousal election and is it necessary to write one when the will leaves me everything?


Asked on 8/04/09, 12:02 am

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

Not exactly sure what you are trying to accomplish with the election, however, it is most common that a surviving spouse inherets everything. You should be aware, however, that using only a will still can subject the estate to Probate after the final passing. We always suggest to our clients to prepare a complete package that includes a family trust, a will (that pours over into the trust), durable powers of healthcare (also known as a living will), durable power of asset management, transfer of real property into the trust, and the required HIPAA privacy documents. This is the best way to ensure that everyone's final wishes are followed in the most exact means possible.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm?s website located at PasadenaEstatePlanning.com

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Answered on 8/04/09, 2:47 pm


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