Goleta, CA asked in Estate Planning, Elder Law and Probate for California

Q: CA is a will needed? What will happen without a will? no family, artist, writer.

Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what will happen to my manuscript, instruments, paintings? Who should I leave them to? Organization, temple, school, art gallery etc? Very valuable in multiple artforms, not quite published a long series, and hundred paintings. Is there low income will provider for disabled? No parents siblings or children. If will is made, can I often change to names or things in it? If given to people out of state, how do they get them, and who pays? Must someone out of state come to CA for court papers or getting things?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks would be included in this. A letter of intent is not legally binding for the distribution of assets; a formal will is necessary to ensure your wishes are followed.

Creating a will does not always require a lawyer; there are "do-it-yourself" options available, such as online templates or software. However, for complex estates or specific legal advice, consulting with an attorney could be beneficial. They can ensure your will is valid and fully expresses your intentions. There are organizations that provide low-income or disability-related legal assistance, which might offer services at reduced costs or for free.

You can change your will as needed; this is done through a codicil or by drafting a new will. If you wish to leave assets to individuals or entities out of state, they are not required to travel to California to claim their inheritance; however, transfer of items and legal proceedings can be coordinated through representatives or attorneys. Shipping or transportation costs for physical items typically fall to the estate or the beneficiaries, depending on your specified wishes in the will.

Karn Thapar
Karn Thapar
Answered
  • Estate Planning Lawyer
  • Folsom, CA
  • Licensed in California

A: It is highly recommended that you have either a will or a living trust in place to transfer assets after passing. A will must be probated through the courts, so a living trust is another option which allows you to bypass probate if set up properly. What documentation you need is highly dependent on your assets, your desires and your family situation so it is recommended that you speak with an attorney and decide what is best.

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