Legal Question in Wills and Trusts in California

Re simple wills: could you please tell me the difference between Primary Residence and Residuary Estate? I would like to leave my home to one person and all other belongs to other individuals Thank you for your advice [email protected]


Asked on 9/03/19, 1:06 pm

1 Answer from Attorneys

Peter Lago Peter L. Lago, Atty at Law

Hello. Simply put, the Primary Residence is the home where the decedent lived as of the time of his/her death. The Residual Estate is what's going to be distributed after any specific gifts are distributed, taxes, debts and other final expenses are paid. Sounds like your home will be a specific gift to a specific person(s) and what's left would go to those other heirs you allude to. Since you have real estate, you should schedule a consultation (usually free) with a trust attorney to learn the difference between dying intestate, leaving a will and leaving a living trust. Good luck to you.

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Answered on 9/30/19, 7:02 pm


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