What happens if you die without a will or trust?

If you die without a will, then the state where you reside decides who your beneficiaries are; this is called intestacy.

In California, your property would first go to your surviving spouse (if you have one). If you do not have a spouse (or if your spouse has predeceased you), then to your children (if you have any). If you don’t have children, then to your parents. If your parents have predeceased you, then to your siblings. If your siblings have predeceased you, then it goes to your nieces/nephews (their children). If you don’t have siblings, then everything goes to your aunts and uncles; or your cousins; or the children of your cousins, etc. etc. If you have no living relatives, California gets to be the beneficiary!

If you have a will, you get to decide who gets one. If you have a trust, you get to decide who gets what, and when they get it, and how they get it. Your documents also allow you to select guardians for your children. Still not sure? Contact me for a complimentary consultation.