Youtor
Does A Surviving Spouse Have To Do Probate
>> YOUR LINK HERE: ___ http://youtube.com/watch?v=qZNynQhj1e0
When Does A Surviving Spouse Have To Do Probate? • We Discuss: • Intro - 00:00 • When Can The Surviving Spouse Avoid Probate? - 0:24 • When Must The Surviving Spouse Do Probate? - 1:24 • Your Next Steps - 3:53 • First and foremost it’s a common misconception that a surviving spouse always automatically inherits everything from their surviving spouse. In California that’s just not how the law works. • There are times a spouse will automatically inherit. If property is held in joint tenancy then the surviving spouse automatically becomes the owner when a spouse dies. For example, if a couple buys a house and takes title as joint tenants, then when the first of them dies the surviving spouse is the sole owner. • If property has a designated beneficiary then whomever is designated becomes the owner. For example, if a bank account is opened solely in the husband’s name and designates his wife as the beneficiary then when the husband dies the wife becomes the owner of the account. Technically, this has nothing to do with being married. • Now answering what a surviving spouse can inherit, if the trust or will leaves property to the surviving spouse then he or she inherits. You might be wondering why this isn’t labeled automatic. There are two reasons. First, whether it’s probate or trust administration, some work needs to be done in order to get ownership of the property. If things go right, then it will happen. • As for what a surviving spouse cannot inherit, If the deceased spouse had nothing in writing then someone has to open probate. Because there is no will, California’s laws of intestate succession apply. Any property in probate that is community property the surviving spouse gets. If there is separate property going through probate, then the surviving spouse gets a share depending on how many children the deceased spouse had. You can watch our video on probate without a will [get actual title from YouTube] to see how this works. • I hope this video helped inform you on your situation • For prospective CA law firm clients who want to speak with Scott: https://www.grossmanlaw.net/contact/ • Scott Grossman • The Grossman Law Firm, APC • www.Grossmanlaw.net • Phone: (888) 443-6590
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