Intestacy (dying without a will)
A person who dies without having a will or trust is said to be intestate. If you die without a Will or Trust, California and most other States have laws indicating who should receive your property after your death. This is regardless of your expression of wishes during your lifetime that certain individuals receive all or none of your property.
Example: Jim and Jane are life-long living companions, but have never legally married one another. They live together in a beachfront villa which they own jointly in tenancy-in-common. During their lifetime they have repeatedly told one another and their respective families that in the event that one of them dies, they both wish that the survivor of them receive all of the property and assets of the other. But they have no wills or living trusts. Jim is involved in a car accident that results in his death. Under California law, all of Jim’s property including his half interest in the villa would go to his family, distributed in the order of priority. Jane not only will receive nothing from Jim’s estate, but she may also be forced out of her villa, so that Jim’s share in the villa could be cashed and divided amongst his family member.
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