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Does anyone have any idea??

Does anyone have any idea??

Old Jan 12th 2014, 3:25 am
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Post Does anyone have any idea??

Hi,
Does anyone have any idea what happens in the States legally, if someone dies but they have not written a last will & testament?

I doubt that there is likely to be any dispute over 'who gets what' etc, they're a very close family and I think everything will just be handed down to the 2 children (grown up now). Is the process going to be more complex because there is no Final Will in place?
I've experienced this in the UK with the death of my Grandmother, and, it was actually relatively simple - all things considered. Everything was passed on, equal division to her next of kin, took a little longer to settle the estate, but it was all sorted reasonably quickly, within a year I think.

I think that we will seek an attorney's guidance, but in the meantime if anyone has experienced similar or has knowledge Regarding the process - i'd appreciate help..
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Old Jan 12th 2014, 3:36 am
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Default Re: Does anyone have any idea??

Which state?
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Old Jan 12th 2014, 3:39 am
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Default Re: Does anyone have any idea??

Originally Posted by sir_eccles View Post
Which state?
Oh yeah.... Should have mentioned that!

California...
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Old Jan 12th 2014, 3:50 am
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Default Re: Does anyone have any idea??

Here is chapter and verse on intestate succession in California:
http://www.leginfo.ca.gov/cgi-bin/di...file=6400-6414

and here is something a bit more readable:
http://www.nolo.com/legal-encycloped...alifornia.html

California also has a simplified process for "small estates" valued at less that $150,000
http://www.nolo.com/legal-update/cal...its-65367.html

Last edited by md95065; Jan 12th 2014 at 3:55 am.
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Old Jan 12th 2014, 4:18 am
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Default Re: Does anyone have any idea??

Thank you MD,
Really appreciate your help.. You're a gem!
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Old Jan 12th 2014, 6:44 am
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Default Re: Does anyone have any idea??

Depends if they had assets totaling over $100k. Generally that means if they owned any property, regardless of the amount of mortgage owed. If they died intestate with assets over $100k in California, the estate will have to go through probate.
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Old Jan 12th 2014, 12:55 pm
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Default Re: Does anyone have any idea??

Thanks Moonshadow...
Probate is a long-time pain, but hey, it part of the process.
Is what it is..
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