It is a common sight to find a family squabbling over a dead relative’s property after they died in California. This is usually caused by the deceased not having a will at the time of their death. Although it would make no sense to not have a will at the time of death, it happens more often than you think.

A lot of Americans residing in California do not have a will that express their wishes for their properties. In other words, no document harbors a standing instruction relating to the sharing of properties after their passing. While a portion of this number defer to other alternatives of estate planning, many do not designate heirs at all.

“The idea of the family unit has evolved in numerous ways over the years and has impacted the laws about wills,” says Attorney Cindy Nguyen of Amity Law Group, LLP.

This article addresses the uncertainty surrounding wills at this time.

What Could Happen to Your Properties?

The truth is out there; no will at the time of death means that the state can claim properties according to law. This is thanks to an age-old bureaucratic process designed to accommodate people with large families.

For properties of deceased without wills, the state of California has laws that routinely designate heirs. These laws are sometimes called “intestate succession laws” and vary slightly based on the area. It is, however, family-based, which puts family relatives in a position.

According to the law, the property left behind by the deceased is first offered to the spouse, who gets most of the property. If there is no spouse, the children take the role of first inheritors. If there are no children, the properties go to the deceased’s parents or siblings. Non-family members do not get any share of the property except where listed explicitly in a will.

What Does the Law Say?

Mid-twentieth-century legislators enacted the intestacy laws currently in effect, reflecting the societal norms and legal understanding of their time. However, as times have changed, so has the structure of the average family. Families today have gotten larger, with unmarried partners and children from past relationships becoming the norm.

Nowadays, any family that loses a prominent person without a will to distribute legally is likely to spend years settling the issue in court. Considering that a will can settle all of these quickly and in a more amicable way, wills should be mentioned more often across the board.

The Current Position In California

Due to this, states are struggling to keep up with the changes. While many people have found ways to bypass the use of wills, the power that wills wield has never been doubted. Examples are transfer-on-death deeds.

Studies show that it is likelier for wealthy people to possess wills than non-wealthy people. The reason is that wealthy people have more to lose, and they can afford the legal fees over a specific period. Also, people who work with lawyers or have one are more likely to draw up their wills. But what of the non-traditional families mentioned earlier?

The Loopholes Surrounding The Current Intestacy Laws

Nontraditional families are disadvantaged simply because the law does not recognize them. Cohabiting without marriage has tripled in recent years, yet states like California have yet to incorporate this form of relationship into will creation. However, in places like New Hampshire, people who have cohabited for more than three years and are referred to as partners can receive inheritance rights when their partner passes.

It becomes a legal nightmare, however, when children from past marriages enter the fray. Stepchildren, foster children, and children not legally adopted do not receive anything. In simple terms, the idea of the known family unit needs to be revisited, or else there will be more complex cases for lawyers to settle in the coming years.

Conclusion

The idea of a will only counts when created and used. Digital wills, wills written without the aid of legal representatives, and other forms are suggestions to help facilitate the creation of wills. This will reduce the burden on the lawyers who have to prove relationships beyond a doubt to get properties passed. However, if you are confused about wills or need to draft one, you may have to speak to a wills attorney in California.