What Happens To My Estate If I Die Without A Will?

Most people assume their assets will automatically pass to their spouse or children if they die without a will. However, California’s intestate succession laws create a predetermined inheritance formula that may not align with your wishes.

Mullin Law Firm in Concord, California, has more than 45 years of experience helping people create comprehensive estate plans that protect their families and reflect their personal wishes. We can help you avoid the potential pitfalls of California intestate laws and create clarity about your legacy.

Understanding California’s Intestate Succession Laws

When you die without a will in California, the state essentially creates one for you through intestate succession laws. These laws establish a rigid hierarchy of who receives your assets:

• If you have a spouse but no children, parents or siblings, your spouse inherits everything
• If you have a spouse and one child, your spouse receives all community property and half of your separate property, while your child receives the other half
• If you have a spouse and multiple children, your spouse receives all community property and one-third of your separate property, while your children divide the remaining two-thirds
• If you have children but no spouse, your children inherit everything equally
• If you have no spouse or children, your parents inherit everything

This formula becomes increasingly complex with blended families, stepchildren or when factoring in California’s community property laws.

Potential Problems When You Die Without A Will

Dying intestate in California can create numerous complications:

• Your assets may go to relatives you would not have chosen
• Close friends and charities receive nothing regardless of your wishes
• Your minor children’s inheritance may be controlled by a court-appointed guardian rather than someone you trust
• Your children receive assets outright at 18, without any protection or guidance

Perhaps most concerning is that without a will or trust, you lose the opportunity to appoint guardians for minor children. This critical decision would instead be made by a judge who does not know your family values or dynamics.

Creating An Estate Plan Tailored To Your Wishes

Working with an experienced Concord estate planning lawyer allows you to create a comprehensive plan that reflects your specific wishes and family circumstances. Proper estate planning typically includes a will that names your chosen beneficiaries and guardians, trusts that provide asset protection, and powers of attorney for health care and financial decisions.

Even modest estates benefit from proper planning, as the focus is not just about wealth but also about directing who receives your assets and under what terms.

Contact Our Concord Estate Planning Attorney Today

Call our office at 925-852-6014 or contact us by email to arrange a consultation with one of our experienced Concord estate planning attorneys. We will help you create a plan that provides peace of mind and protects your loved ones from unnecessary complications.