Intestacy (dying without a will)
A person who dies without having a will or trust is
said to be intestate. If you die without a Will or Trust, California
and most other States have laws indicating who should receive your
property after your death. This is regardless of your expression of
wishes during your lifetime that certain individuals receive all or none
of your property.
Example: Jim
and Jane are life-long living companions, but have never legally married
one another. They live together in a beachfront villa which they own
jointly in tenancy-in-common. During their lifetime they have
repeatedly told one another and their respective families that in the
event that one of them dies, they both wish that the survivor of them
receive all of the property and assets of the other. But they have
no wills or living trusts. Jim is involved in a car accident that
results in his death. Under California law, all of Jim’s property
including his half interest in the villa would go to his family,
distributed in the order of priority. Jane not only will receive
nothing from Jim’s estate, but she may also be forced out of her villa, so
that Jim’s share in the villa could be cashed and divided amongst his
family member.
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