No Last Will and Testament? Now What?

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As challenging as it is to think about what will happen to your loved ones after you pass, it is vital if you have specific wishes. If you die without drafting a last will and testament, you leave your loved ones’ future and the future of your assets up to the intestacy laws of the state in which you live. Intestacy laws put the delegation of your assets into the state court’s hands.

When you do not have a will in place when you pass away, the probate courts get to choose guardianship for any minor children if both you and your spouse pass away before they turn 18 years old. Additionally, the probate judge has the responsibility of appointing someone to manage your children’s inheritance until they reach adulthood.

If you own property, the intestacy laws of the state in which you live will determine the outcome of your estate. It is important to note that these laws vary tremendously across state lines. If you own property in multiple states, unique troubles arise. Since intestacy laws vary amongst states, you will end up having two different beneficiaries appointed to your estate.

With such a magnitude of varying laws depending on the states in which you own property, it is best that you draft a final will and testament to ensure that your assets and estate are distributed based on your final wishes. Additionally, you will be able to determine an appropriate guardian for your minor children.

Contact Gaudy Law in Upland for all of your California legal needs. Whether you are in need of assistance through the probate process, creating a will or trust, or going over estate planning, we will provide you with the representation you deserve with one of our experienced probate attorneys in Upland.

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