Last Will and Testament

[The Bunker]

I hope this is the place to post my question. My daughter mentioned something that concerns me. If I die without a will my guns will go to the state. I have two daughters and a son and of course a wife. We do not have a will or trust set up.
Only own a house, not much else.

Does anyone have any information on this.

[six seven tango]

Why would they go to the state? As you mentioned, you have a wife and kids. A will is the best way to go, and everyone should have one. But even without one, everything should automatically go to your wife. Having a will eliminates the guess work, and should reduce or prevent any he said/she said fights over who gets what.

"Assault weapons" are really the only thing that I can think of where the state could mandate what happens to it. Co-registration has been an option in the past, and could be again this time around. If you have anything that will be considered an AW next year, you should look into co-registration if it's available.

[russ69]

If you die without a will the state will decide the division of property. Get a will and a health directive. Do it now.

[Librarian]

Isn't quite a legal question, so moved.

Generally, passing without a will in California is governed by Probate Code - see the section on Intestate Succession, http://leginfo.legislature.ca.gov/fa...er=1.&article=

It's a bit chewy, but you should be able to see it would be very unusual for your property to go to the State.

A comparatively simple will should not be terribly expensive. See, for 1 resource, http://info.legalzoom.com/much-cost-...will-4754.html

The California Statutory Will [description] is at http://leginfo.legislature.ca.gov/fa...r=6.&article=3. Unless you actually know what all that language means, I don't think it would be the best plan - but it's legal, very inexpensive, and quick.

ETA - the form is available from the California Bar at http://www.calbar.ca.gov/Portals/0/d.../Will-Form.pdf

[003]

You definitely need to meet with an attorney and have a will and trust established for both you and your wife. The cost will be more that worth it.

[sand spaz]

I went to www.totallegal.com and did mine. It takes a little bit of time and your done. Don't need lawyer for the simple basic stuff. I guess the hardest part is to figure who you want to get what.
They ask you questions and then format it into a will that you print or download. Then all you have to do it have 2 people witness and sign the document and you are covered.

[Wicked Pete]

My dad died with no Will. Big hassle. And...broke up the family, my brothers don't talk to us anymore. Arguments over money.

[357manny]

My wife and I attended a living trust seminar given at our credit union (Logix, formerly Lockheed FCU). We were thinking of doing the online LegalZ website for trusts/wills, but after the presentation, we ended up going with them. The company that services/prepares living trusts (they call them revocable trusts) are out of Orange County, but helped us in Pasadena. We were happy enough we referred our family friends. PM me if you're interested.


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[Mickey D]

You definitely need to meet with an attorney and have a will and trust established for both you and your wife. The cost will be more that worth it.

I assume you didn't mean this.

[101st Airborne]

My father died without a will. It made things more difficult but not too bad. My brother, sister and I did not fight or argue.

[Mitch]

A will is one thing (cheap and easy). A revocable trust (or living trust) is more complex and more expensive, but offers better protection for your heirs.

At the very least the OP should draft a will, ASAP. Then think about a living trust.

[Fde up]

You don't need a will, you need a trust... if you own property And only have a will, it will get probated which means it goes to court. If you have a trust, it won't and it will be a lot smoother for your family.

Get a trust done.

To answer your question. Nothing will go to the state unless your family gives it to them.

When you die without a will, the rules of intestate succession will follow and the state is the last in line to get anything.

With intestate succession, your property will be distributed following the chart of consenguinity.

In this case if you died today without a will. Your wife would get 50% of everything as her share of the community property, and 1/3 of your share of your community property. Your kids will each get 1/3 share of your half of the community property.

For example, if you have $120k, your wife gets $60k plus another $20k while each of your kids get $20k.

Homes automatically get probated with or without a will so make sure you have a trust to avoid probate.

If you didn't have a wife, or any kids, and your parents had passed, and didn't have any grand kids, and any siblings, and cousins, or anyone left in your family tree, only then, will your assets go to the state.

IANAL but I did stay at a Holliday inn express last night

[71MUSTY]

From personal experience, no matter how much your worth a Trust is worth the extra expense because it allows your trustee to quickly settle your affairs the way you want. With just a will or with nothing your survivors will be at the will of the courts and legal fees. Sometimes delayed years waiting for court dates.

If you hate everyone do nothing.

If your a cheap sob who wants your family/survivors to suffer with months of delay and legal fees get a will.

If you love your family/survivors and want to make their life better when your gone spend a little extra now to get a revocable trust.

Probably best to use an expert but some people do their own online. As other have mentioned there are also trust mills (Trust seminars) which may be adequate if you are not wealthy or your situation isn't complicated.

IINAL this is based solely on my personal but vast experience.

[guntrust]

If you own guns and have never attended an estate planning seminar, you really should attend the free one i offer weekly as you will get, just for attending, a voucher for FOUR DAYS of training at Front Sight. Plus a few other incentives.

If you will own "assault weapons" on January 1st, you definitely need to watch my video at http://guntrust.org