Legal Question in Wills and Trusts in California

does my father need a will? He lives in CA, has no real estate and total estate is less than 100K. Thanks


Asked on 11/25/14, 6:29 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

If he wants his estate to be distributed according to the rules of intestacy, then he does no need a will

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Answered on 11/26/14, 7:26 am
Len Tillem Tillem McNichol & Brown

If you would like to know how your father's estate will pass if he dies without a will, then we need to know whether or not he's married (or registered as a domestic partner) and how many children he has (living or deceased with surviving issue).

Incidentally, he could register his accounts with pay-on-death beneficiaries and circumvent the need to wait 40 days after his death to collect his accounts using small estate declarations.

Finally, he absolutely needs an Advance Health Care Directive and Durable Power of Attorney so that someone he trusts can make important decisions on his behalf if he's ever incapacitated.

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Answered on 11/26/14, 9:18 am


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