Q: Any reasons why dying intestate in California wouldn't b a reasonable choice to eliminate task burden on family/friends?

A: While dying intestate (without a will) in California may seem like a way to reduce the burden on your family and friends, there are several reasons why it might not be the best choice:

1. Lack of control: By not having a will, you relinquish control over how your assets will be distributed. The state's intestate succession laws will determine who receives your assets, which may not align with your wishes.

2. Potential for family disputes: Without clear instructions from a will, there is a higher likelihood of disagreements among family members regarding the distribution of your assets, which can lead to strained relationships and even legal battles.

3. Increased costs and delays: The probate process for an intestate estate can be more time-consuming and expensive compared to an estate with a valid will. This may result in a longer waiting period for your family to receive their inheritance and potentially diminish the value of your estate due to legal fees.

4. Inability to name an executor: By not having a will, you cannot choose someone you trust to manage the administration of your estate. The court will appoint an administrator, who may not be the person you would have selected.

5. No provisions for special circumstances: A will allows you to make provisions for specific situations, such as setting up a trust for a disabled family member or donating to a charitable cause you support. These options are not available through intestate succession.

To address your concerns about burdening your family and friends, consider the following alternatives:

1. Name a professional executor: You can appoint a professional, such as an attorney or a trust company, to serve as the executor of your estate. They can handle the tasks of sorting, moving, and cleaning out your apartment, as well as the distribution of your assets according to your will.

2. Prepay for funeral arrangements: You can make arrangements and prepay for your funeral and burial or cremation to relieve your family of this responsibility and expense.

3. Simplify your estate: Consider downsizing your possessions and organizing important documents to make the process easier for your executor and family.

Ultimately, creating a will gives you greater control over your estate and can help minimize the burden on your loved ones during an already difficult time.

A: I’m sorry to say, the state only comes in as the absolute last resort. Your family is always required to take care of your things. But, if they refuse to do it and completely abandon all of your assets, the state will take bank accounts and things like that. If you are renting, check your lease because many leases say things left behind after moving out will be thrown away. It’s always easiest to do it the standard way and have family (or you can name anyone as executor in a will or trustee in a trust.) There are professional trustees if you want to pay someone else to handle your affairs. Best wishes!

A: The state only gets involved as a last resort. If there are known family members, they generally have the responsibility to take care of affairs after an individual passes away.

Inheritance priority generally goes to spouses, children, parents and then siblings. Another thing to keep in mind is that a small estate affidavit is generally an option to cut down on costs and court time if your assets are below a certain amount ($184,500) and you do not own real estate.