Dying without a will and a trust in California, often referred to as dying “intestate,” doesn’t mean your assets simply vanish, but it does mean the state decides how they are distributed, and the process can become significantly more complicated, time-consuming, and expensive for your loved ones. Approximately 55% of American adults do not have a will, meaning a large portion of estates are settled through intestate succession—a legal process dictated by state law. This process lacks the personalized touch of a well-crafted estate plan and can lead to unintended consequences, and potentially, family disputes. It’s a common misconception that these plans are only for the wealthy; they provide peace of mind and clarity for everyone, regardless of net worth.
Who Decides Where My Assets Go?
When you die intestate in California, the court appoints an administrator – typically a close family member – to manage your estate. This administrator is tasked with identifying your assets, paying off debts and taxes, and distributing the remaining property according to California’s intestacy laws. These laws prioritize distribution based on your family structure. For example, if you have a spouse and children, your spouse typically receives one-half of the community property and one-third of the separate property, with the children receiving the remaining two-thirds. If you have no spouse but have children, your children inherit everything. The process can be particularly challenging if family dynamics are complex, such as blended families or estranged relationships, potentially leading to legal battles and emotional distress.
Will My Family Face Probate Court?
Without a will or trust, your estate will almost certainly go through probate court—a public legal process that oversees the administration of estates. Probate can be a lengthy and costly process, often taking months or even years to complete. In California, probate fees are calculated based on the gross value of the estate, often around 4-8%—meaning an estate valued at $500,000 could incur $20,000-$40,000 in fees alone. “We often advise clients that avoiding probate is just as important as designating beneficiaries,” says Steve Bliss, an estate planning attorney in Wildomar, “it saves families time, money, and a considerable amount of stress.” Moreover, probate records are public, meaning anyone can access information about your assets and beneficiaries.
I Have Minor Children – What Happens to Them?
If you die without a will and have minor children, the court will appoint a guardian to care for them and manage their finances. This isn’t necessarily someone you would have chosen yourself. Without clear instructions in a will, family members may disagree on who is best suited to raise your children, leading to custody battles and further emotional turmoil. In fact, data suggests that disputes over guardianship are among the most contentious probate matters. A properly drafted will allows you to designate a guardian you trust, ensuring your children are raised by someone who shares your values and can provide them with the care they deserve.
A Lesson Learned – The Case of Mr. Henderson
I recall working with a family after the passing of Mr. Henderson, a seemingly healthy man in his early sixties. He’d always meant to create an estate plan, but kept putting it off, believing he had plenty of time. When he unexpectedly passed away, it was discovered he had no will or trust. His estate, consisting of a home, some savings, and a small business, became entangled in probate. His adult children, while generally amicable, disagreed on how to manage the business, leading to months of legal battles and financial strain. It was a painful reminder that even with a relatively modest estate, the lack of planning can have devastating consequences. They lost almost 20% of the business’ value due to legal costs and lost productivity.
Turning Things Around – The Miller Family’s Success
Fortunately, I also witnessed a heartwarming turnaround with the Miller family. Mrs. Miller, a widow, came to us after the passing of her husband, who had meticulously crafted a trust and will. While grieving, she was able to navigate the estate administration process smoothly and efficiently, thanks to his foresight. The trust outlined clear instructions for asset distribution, and the designated trustee was able to distribute the assets to her children without any court intervention. “It was such a relief to know my husband had taken care of everything,” she shared. “It allowed me to focus on healing and remembering him, rather than getting bogged down in legal complexities.” That peace of mind, she explained, was invaluable. A well-planned estate, even a simple one, ensures your wishes are respected and your loved ones are protected, even after you’re gone.
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About Steve Bliss at Wildomar Probate Law:
“Wildomar Probate Law is an experienced probate attorney. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Wildomar Probate Law. Our probate attorney will probate the estate. Attorney probate at Wildomar Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Wildomar Probate law will petition to open probate for you. Don’t go through a costly probate call Wildomar Probate Attorney Today. Call for estate planning, wills and trusts, probate too. Wildomar Probate Law is a great estate lawyer. Probate Attorney to probate an estate. Wildomar Probate law probate lawyer
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Estate Planning Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Services Offered:
estate planning
living trust
revocable living trust
family trust
wills
estate planning attorney near me
Map To Steve Bliss Law in Temecula:
https://maps.app.goo.gl/RdhPJGDcMru5uP7K7
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Address:
Wildomar Probate Law36330 Hidden Springs Rd Suite E, Wildomar, CA 92595
(951)412-2800/address>
Feel free to ask Attorney Steve Bliss about: “Do I need to plan differently if I’m part of a blended family?” Or “What if the estate doesn’t have enough money to pay all the debts?” or “Can retirement accounts be part of a living trust? and even: “How does bankruptcy affect my credit score?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.