• Our Promise to You During COVID-19/Coronavirus
    • Skip to primary navigation
    • Skip to main content
    • Skip to primary sidebar
    • Skip to footer
    • Home
    • Who We Are
      • About Our Firm
      • Attorney and Staff Profiles
      • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
      • Trust and Probate Litigation: Verdicts and Settlements
    • Services
      • Legacy Planning
      • Probate
      • Asset Protection & Business Planning
      • Trust Administration
      • Trust, Probate and Estate Litigation
      • Estate and Gift Tax Figures
      • Family-Owned Businesses
      • IRA & Retirement Planning
      • LGBTQ Estate Planning
      • Loss of a Loved One
      • Power of Attorney
      • SECURE Act
      • Special Needs Planning
      • Young Families
    • Probate
      • Is Probate Always Necessary In California?
      • Why Hire A Probate Attorney
      • Probate Administration
      • Probate & Estate Planning Savings Calculator
      • Probate Code 850 Petitions
      • Probate Disputes
      • Probate In California
      • Probate Laws
      • Probate Litigation
    • Elder Law
      • Conservatorship
      • Coping with Alzheimer’s
      • Estate Planning
    • Resources
      • Elder Law
        • Elder Law & Medicaid Definitions
        • Elder Law Reports
      • Estate Planning
        • Estate Planning Articles
        • Estate Planning Checkup
        • Estate Planning Definitions
        • Estate Planning Reports
          • Advanced Estate Planning
          • Basic Estate Planning
          • Estate Planning for Niches
          • Trust Administration
        • Incapacity Planning Definitions
        • Is Your Estate Plan Outdated?
        • Special Needs Planning Can Protect Benefits
        • Top 10 Estate and Legacy Planning Techniques
      • Free Estate Planning Worksheet
      • Free Seminars
        • Webinars
      • Frequently Asked Questions
        • Advance Health Care Directives
        • Asset Protection
        • California Adult Conservatorship
        • Estate Planning
        • Estate Planning & Remarriage
        • Frequently Asked Questions For Families Without An Estate Plan
        • Incapacity Planning
        • In-Home Elder Care
        • IRA Inheritance Planning
        • IRA & SECURE Act
        • Irrevocable Trust
        • Legacy Wealth Planning
        • LGBTQ Estate Planning
        • Living Trust
        • Probate
        • Social Security & Medicare
        • Special Needs Planning
        • Trust Administration
        • Wills
      • Newsletters
      • Pre Consultation Form
      • Presentation
      • Published Book
      • Trust Administration & Probate Resources
        • Bereavement Resources
        • How to Know if You Need Extra Help With Your Grieving
        • Loss of a Loved One
        • The Mourner’s Bill of Rights
        • Things You Need To Do When a Loved One Passes Away With a Trust
        • Things You Need To Do When a Loved One Passes Away With a Will
        • Trust Administration & Probate Definitions
    • Reviews
      • Our Reviews
      • Review Us
    • Communities We Serve
      • Los Angeles County
        • Bellflower
        • Cerritos
        • El Segundo
          • El Segundo Probate Resources
        • Hawthorne
        • Inglewood
        • Long Beach
          • Long Beach Elder Resources
          • Long Beach Probate Resources
        • Manhattan Beach
        • Playa del Rey
        • Santa Monica
        • Westchester
          • Westchester Elder Resources
          • Westchester Probate Resources
      • Orange County
        • Anaheim
        • Buena Park
        • Cypress
        • Fountain Valley
        • Garden Grove
        • Huntington Beach
          • Huntington Beach Elder Resources
          • Huntington Beach Probate Resources
        • Los Alamitos
          • Los Alamitos Probate Resources
        • Rossmoor
        • Stanton
        • Seal Beach
        • Westminster
    • Contact Us
    • BLOG
    • Videos

    Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

    Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

    Connect With Us Today (310) 337-7696

    Attend a Free Webinar
    Home » Uncategorized » What Happens If You Die Without a Will?

    What Happens If You Die Without a Will?

    August 7, 2020Uncategorized

    intestacyFar too many people go through life without any estate planning documents, because they think that they will always have time to do it later on. Sadly, in many cases, they never get around to it. Under these circumstances, surviving family members often pay the price.

    Intestacy

    If you die without a will or a trust, the condition of intestacy would be the result. The probate court would preside over the estate administration process, and the proceedings would unfold in accordance with the laws of the state of California.

    A personal representative would be named to act as the administrator. This is the same role that the executor would play if there had been a will. Final debts would be paid during probate, and the assets would be prepared for eventual distribution to the heirs.

    Potential Drawbacks

    The above sounds simple enough, but there are some serious drawbacks that can enter the picture. One of them is the fact that probate is a time-consuming process that will take at least nine months to run its course, and no inheritances can be distributed during this interim.

    There is also the matter of the individual that is chosen to be the personal representative. A good way to explain the risk that is taken when the court makes these decisions is to take a quick look at the Steve McNair estate situation.

    McNair was a very wealthy former NFL quarterback when he was murdered by his girlfriend, and he was legally married at the time. He did not have a signed will, and his wife was named as the personal representative, and this makes total sense on the surface.

    However, McNair had purchased a home for his mother that she lived in, but his name was on the deed. He also took care of his mother in other ways on an ongoing basis.

    His surviving spouse did not have the same affection for his mother, and she actually made his mom move out of her house while the estate was being probated. This may be an extreme example, but these things happen.

    Short of this type of scenario, the most common drawback would be the way that the assets would be distributed under the intestate succession laws.

    We are not going to go through the outcome for every imaginable family situation, but we will highlight one of the rules that would not sit well with a lot of people.

    If you are married with no children, and your parents are still alive, your spouse would inherit all of your shared property, but they would only get half of your separate property. Your parent or parents would inherit the other half.

    Don’t Take Risks With Your Legacy

    Anything can happen to anyone at any time, and you are tempting fate if you roll the dice without an estate plan. Look no further than the Kobe Bryant tragedy to see a demonstration of the way that everything can change in the blink of an eye.

    Fortunately, he did have an estate plan in place, but the majority of Americans that are in their 40s are completely unprepared. As you might imagine, the percentages are lower for younger people, and many of them are the parents of dependent children.

    If a single parent was to die intestate, the court would choose a guardian to care for the child or children. The decision that is made by the court may not be consistent with what the decedent would have wanted, and this is yet another risk that some people are taking.

    Are You Ready to Act?

    As you can see, intestacy is really not an option. We can help you put the ideal plan in place so you can go forward with peace of mind, and we can adjust your existing plan whenever it becomes necessary.

    To schedule a consultation appointment, give us a call at 310-337-7696. There is also a contact form this website you can use if you would rather send us a message.

    • Author
    • Recent Posts
    Scott Schomer, Estate Planning Attorney
    Scott Schomer, Estate Planning Attorney
    A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
    Scott Schomer, Estate Planning Attorney
    Latest posts by Scott Schomer, Estate Planning Attorney (see all)
    • Is It Time to Update Your Beneficiaries? - May 18, 2022
    • Why Should I Use a Living Trust to Distribute My Estate? - May 17, 2022
    • The Importance of Liquidity in Your Estate Plan - May 11, 2022

    Other Articles You May Find Useful

    Abogados de planificación patrimonial de Los Ángeles
    Formas Comunes de Incluir Donaciones Caritativas en Su Plan de Sucesión
    Will Your Estate Plan Still Work If You Move?
    estate administrator
    Share Information With Your Estate Administrator
    CARES Act
    CARES Act Impacts IRA RMDs
    incapacity planning
    Medi-Cal Waiver Can Provide Relief for Caregivers
    Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys
    Webinar Recording: 2019 Year-end Tax Planning for Investors

    Primary Sidebar

    Schomer Law Group, Los Angeles Estate Planning and Elder Law Attorneys

    Schomer Law Group

    FREE Estate Planning Worksheet

    There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

    Testimonials

    Client Review
    July 29, 2020
        

    We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

    Frank & Jutta R
    Client Review
    July 29, 2020
        

    Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

    Paula M.
    Client Review
    July 29, 2020
        

    We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

    Phillip G.
    Client Review
    July 29, 2020
        

    When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
    Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

    Bob L.
    Client Review
    July 29, 2020
        

    We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
    They were all very helpful in answering myriad questions and explaining all the various options…

    We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

    Bob S.
    Client Review
    July 29, 2020
        

    We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

    Robert F.
    Client Review
    July 29, 2020
        

    Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

    Joan S.
    Client Review
    July 29, 2020
        

    Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

    Kim

    Follow Us

    • Facebook
    • Twitter
    • Linkdin
    • Youtube
    • Instagram

    Blog Subscribe

    • This field is for validation purposes and should be left unchanged.

    Office Address

    El Segundo
    222 North Pacific Coast Highway., Suite 130
    El Segundo, CA 90245
    Phone: (310) 337-7696
    Fax: 310-337-1277

    See Larger Map Get Directions

    Office Hours

    Monday9:00 AM - 6:00 PM
    Tuesday9:00 AM - 6:00 PM
    Wednesday9:00 AM - 6:00 PM
    Thursday9:00 AM - 6:00 PM
    Friday9:00 AM - 6:00 PM

    Footer

    • Advantages of Working With Our Firm
    • About The American Academy
    • Disclaimer
    • Privacy Policy
    • Sitemap
    • Contact Us

    Schomer Law Group

    Connect with Us

    • Facebook
    • Twitter
    • Linkdin
    • Youtube
    • Instagram

    footer-logo
    © 2022 American Academy of Estate Planning Attorneys, Inc.

    Schomer Law Group

    Attorney Advertisement.

    © 2022 American Academy of Estate Planning Attorneys, Inc.