Legal Question in Wills and Trusts in California

Re: Does My House Transfer To My Wife Upon My Death

A trust is probably the best way to get the house to your wife. Without it, the house would require probate because it's your separate property and it may go to your spouse, or may be split between your spouse and your children, if you have children.

You can also add her as a joint tenant on the deed to avoid probate, but I would not recommend this as you lose half your rights in the property, open it up to her creditors, and without her permission, you're unable to get that half-interest back from her if you later want it back.

Re: Does My House Transfer To My Wife Upon My Death

The house will not automatically pass to your wife. If it is in your name only, it would be governed by your will or, if you have no will, the laws of intestacy. If it goes under the laws of intestacy, your wife may only receive 1/3rd to 1/2 depending on your circumstances.

You should consider preparing a trust or will to make sure the house ends up where you intend it to be.

Re: Does My House Transfer To My Wife Upon My Death

If you received it as an inheritance, it is your separate property, therefore, you need to have either a will or a trust that leaves it to your spouse. Trust is a good way to go to avoid probate. You can keep separate character of the house, and yet pass it to your wife upon death.

Re: Does My House Transfer To My Wife Upon My Death

If the home was placed in your name alone, then it is most likely separate property. Absent a will or trust it would pass to your spouse under Probate. Of course, this means that there will be statutory fees.

Ideas to avoid this would be transferring the property into a community property holding, because the transfer is to your wife, there is no gift tax.

Another idea is, as you stated, forming a family trust. There are many additional tax benefits to owning property in this form. We would be happy to explain these benefits in further detail, if you so desire, on a more direct question/answer basis. Please feel free to contact me at 626-578-0708. Many answers can also be found on our website at www.No-Probate.com.