Legal Question in Wills and Trusts in California

california probate law when there is no will. can the surviving spouse give away personal effects of the deceased?


Asked on 5/27/13, 4:10 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

it depends. are they community property or separate property?

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Answered on 5/27/13, 5:52 pm
Anthony Roach Law Office of Anthony A. Roach

That's a touchy issue. I think that happens in a lot of probate cases, and the court tends to only be concerned about assets disappearing from the estate that have a little monetary value. Unfortunately, the court cannot do much about things that have little monetary value but high sentimental value, like family albums and low priced family heirlooms.

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Answered on 5/28/13, 8:23 am


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