Tragic Reminders

The untimely and tragic car crash death of 40 year-old actor, Paul Walker was all over the news last week.  Across the country winter weather-related accidents and unexpected deaths are also making headlines.  These misfortunes are an important reminder to understand and prepare for the unexpected – so your family does not have to at the worst possible time.

Intestacy in California

A Last Will and Testament (i.e., a “will”) – essentially, is a legal document that outlines the distribution details of one’s possessions upon death.  Intestate means to die without a will.  What happens to a decedent’s belongings, assets, etc. – if they die intestate?

California Probate Code dictates the distribution order of assets upon death when one dies intestate.  The estate basically passes to heirs of the decedent.  The division of one’s worldly goods revolves around whom the decedent left behind and what the legal relationship between the decedent and potential beneficiary is.

Intestate distribution generally follows this order:

If the decedent leaves no relatives behind – the state inherits the estate.

The aforementioned list is a simple outline to give readers a brief distribution overview when a loved one dies intestate.  The actual distribution to heirs can be — and typically is — much more complex.  For example, the different types of property involved must be considered.  California is a community property state – thus, assuming the decedent was married with children – the decedent’s half of the property obtained during the marriage – “community property” – passes to the surviving spouse.  Property such as an inheritance that the decedent brought into the marriage may be considered “separate property” and will be divided between the surviving spouse and children.

Even Celebrities Die Intestate – Two Late Musicians Left their Estate Out of Tune

Two notable individuals that died intestate include Jimi Hendrix and Bob Marley.  Jimi Hendrix, the famed Seattle guitarist, died in 1970 without a will.  It is reported that his family fought over his estate for more than 30 years after his death.

Bob Marley, also died intestate.  The Jamaican reggae genius died in 1981.  He left behind nine children – three that he had with his wife and six that had different moms.  No will at the time of death caused tremendous turmoil among his heirs.

Planning for the Unexpected

While these famed musicians may be extreme examples of dying intestate – the point is that this is a hurdle that can affect anyone and it should be avoided.  The wake of passing intestate is a heavy burden on loved ones.  A will is a vital part of an estate plan that emotionally brings peace of mind and financially affords security to those you leave behind.

Drafting your will with an experienced attorney is an important step in estate planning.  If you have questions regarding creating or updating a will, contact the Law Office of Mark Abell today at 310-489-0707 or mark@trustabell.com.

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