A will is a legal document that dictates how financial affairs and assets will be distributed after an individual becomes deceased, and may determine who will be the Guardian of the Person or Estate of the surviving minor children, and provides instructions for what to do with the decedent’s remains.

If a person dies without a will, California law provides that the surviving spouse is entitled to 50% of all of the decedent’s share of the community property as well as a portion of the decedent’s separate property. Surviving children generally receive the remnants of this property. If there is no surviving spouse or children, then the property is divided among surviving relatives and, if there is conflict, then it is usually handled through the court. If there are no relatives, the State of California inherits everything.

Therefore, it is important not only to have a will but also to update it on a regular basis to reflect your current affairs and wishes. Especially, if you are going through a divorce proceeding your will should be updated to reflect your wishes regarding the disposition of your estate.

To discuss Wills, call our office at 408-292-4849 to arrange an appointment with Elainie Honjas.