California Trusts & Estate Attorney   no comments

Posted at 3:20 am in Legal

Are California wills and estate laws different than others?


There are definitely some key differences that you should be aware of before getting started on your estate planning. For starters, California is a community property state. This means that any assets or debts accumulated during your marriage belong equally to both spouses. So, if you die without a will in place, your spouse will automatically inherit all of your community property.


If you have children, they will also inherit a portion of your estate. California law dictates that your spouse will inherit the first $150,000 of your estate, plus half of anything over that amount. Your children will split the remaining half.


Another important difference to be aware of is the fact that California has a mandatory waiting period before an estate can be distributed. The executor of your estate must file a petition with the court and give all interested parties (i.e. your heirs) at least 120 days notice. This gives everyone time to object to the distribution of the estate, if they so choose.


Overall, California's estate laws are fairly straightforward. If you need any assistance call MLG Business a California business law firm to get more answers.


What is a California trusts and estate attorney's job?


A trusts and estate attorney's job is to help individuals and families with the legal aspects of planning for their death or incapacity. This includes creating wills, trusts, advance directives (such as living wills and powers of attorney), and handling probate and estate administration.

Written by on December 15th, 2022