Legal Question in Wills and Trusts in California

I am divorced. At this time I do not have the money to prepare a "legal" will. Is it true that if I die without a will, my ex will be entitled to make a claim on any money, property, etc. that I leave behind?


Asked on 8/19/09, 10:41 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Ex-spouces do not inherit; the only people who receive anything if there is no Will are blood relatives or an existing spouce.

If it has not been established that as part of the divorce settlement you received certain property from the marriage that he has waived any community property claim to, he might be able to argue, but with difficulty, that some of the assests in your estate were community property that was never legally divlided up and that you were merely keeping for a limited time. That is not a great claim on his part, but it can cause your estate additional time and costs.

Yes, you do have the money to create a "legal" Will. Go to the local library and check out some of the books, especally Nolo Press', on estates, figure out to whom you want to leave your money and possessions to if they are still in your possession when you die, prepare a Will that is entirely in your own handwriting if you want to avoid having witnesses to your signing, put the original and several copies in safe places that people can easily find once you are dead. You can always prepare a new Will or add to the old one.

Read more
Answered on 8/19/09, 11:57 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California