Last Will and Testament

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Last Will and Testament- $99

Dying without a Will

If you die without a valid will, money and other property you own at death will be divided and distributed to others according to your state's intestate succession laws. These laws divide all property among the relatives who are considered closest to you according to a set formula -- and completely exclude friends and charities.

These legal formulas often do not mirror people's wishes. For example, dividing property according to intestate succession laws is often unsatisfactory if you are married and have no children, because most state laws require your spouse to share your property with your parents. The situation is even worse for unmarried couples. Except in a few states, unmarried partners receive nothing. And even in the states that offer exceptions, benefits aren't automatic -- eligible couples must register their partnerships with the state.

Also, if you have minor children, another important reason to make a will is to name a personal guardian to care for them. This is an important concern of most parents, who worry that their children will be left without a caretaker if both die or are unavailable. Intestate succession laws do not deal with the issue of who will take care of your children. When you don't name a guardian in your will, it is left up to the courts and social service agencies to find and appoint a personal guardian.

If you own Real Property or the value of your assets exceed $100,000.00 a California Will must go through probate, to avoid probate you must establish a Living Trust.

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