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Who will receive one’s property after death without a will

| Apr 15, 2020 | Estate Planning

People in California may obtain a variety of property throughout their lives. This property may be very valuable to people while they are alive, but they cannot take them with after they pass away. The property will stay here and be passed on to people who survive them. However, who the property will be left to depends on a number of different factors. One of the main factors that dictates who will receive the property is whether people have a will or not.

If people do not have a will, then their property is passed to people according to the intestate succession laws in the state. Most property is passed to the deceased’s spouse first. If they are no longer married or their spouse predeceased them then the property will be given with their children in equal shares.

If people do not have children the property will pass to their parents, if they have no living parents then it goes to their siblings in equal shares. If they have no living siblings then it will go to their grandparents in equal shares. If there are none of the above still living it may go the family members of a predeceased spouse. There are even more scenarios after that depending on who is living.

People without a will have no control over who will receive their property and the courts will distribute it according to the laws. However, people can control who receives their property through a properly executed will. Through a will people can give different children different percentages of the property or none at all. They can also leave it to friends instead or charitable organizations and many other possibilities.

One of the unfortunate facts of life for people in California is that everyone will pass away at some point in time. This is something they cannot control, but they can control who will receive their property after they do pass away. It is important to have a well drafted will though to ensure this though. Experienced attorneys understand the importance of a will and may be able to help guide one through the process.