Legal Question in Wills and Trusts in California

Re: Spouse deceased with no will, am I the soul beneficiary?

This answer can be done very simply but you must understand it is very technical and must be explained in more detail than I have time for. As to the real property in part is not Colon said but her in what form of title. Additionally, each form of title has its own income tax effect, some of which may not be beneficial to you. Therefore, the best advice I can give you is don't wait for answers over the net but see a real estate /probate attorney who can help you in probably a very simple situation. If your state is under $100,000 in essence no formal probate is net necessary but a summary procedure should be done. If the property is properly held, you should have the property set aside as your community property if that is how it was acquired. As to who has a right to the assets basically if it is community assets then you as the spouse should take 100 percent. If she has children from a previous marriage depending upon how many there are they share in her separate property assets. Really though it depends on who is alive in what they really want and how it can be dealt with so that everyone become satisfied. Do look for problems in a problem riddled area. Hope that everybody can get over the grief and deal with the assets in a reasonable commonsense manner.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Spouse deceased with no will, am I the soul beneficiary?

The surviving spouse, under intestate succession, would take all of his spouse's property if the deceased spouse had NO children/grandchildren, meaning NO direct decendents.

I would also recommend hiring an attorney to protect your rights. Please feel free to contact my office if I can be of further assitance to you.

Re: Spouse deceased with no will, am I the soul beneficiary?

if your spouse passed without a will, the estate would pass thru a legislative process known as intestate succession. if there are no other blood lineal heirs to your spouse's separate and/or community property interests, then you may in fact be the sole heir. however, you may want to retain an attorney throughout probate to help ensure you do in fact receive what you are entitled to. if you would like a free phone consultation on this matter, email us with your contact information today.