What Happens When Someone Dies and They Have No Will?

Asset Division With Estate Litigation Attorneys in Los Angeles

Estate litigation is an area of law that doesn’t cross many people’s minds until they’re in a tough situation. Most people have crafted a last will and testament by the time they’re 60, but lives can be cut short unexpectedly leaving loved ones in the lurch.

Our estate litigation lawyers in Los Angeles are often asked to step in and help divide assets in situations where someone may have died due to:

Traffic accidents
Suicides
Murder
Sudden illness
Accidental overdose

If you pass away without a will, it means you have died "intestate." When this happens, the intestacy laws of California will determine how your estate and assets are distributed by Los Angeles trust litigation attorneys upon your death.

Assets that are subject to intestacy laws include:

Bank accounts
Securities
Real estate
Other assets you own at the time of death.

If you own real estate in multiple states, then that property will be handled under the intestacy laws of whichever state it’s in.

How Are Assets Handled in California

Any family law attorney in Los Angeles or any other large California city will recommend that you make a will as soon as you can. If you don’t know how to make a will, then you should contact our civil litigation lawyers for the first steps. It’s never too early to start.

Making a will, even if it’s a rudimentary one, is important because it helps ensure your loved ones are taken care of after you pass away. If not, the only way they can get any form of financial stability is likely through a wrongful death lawsuit, and only certain family members can file these suits.

In the event someone passes away without making a will, then their family members need to educate themselves on how assets are divided through intestacy laws. Here’s how intestacy laws in California handle the division of assets when someone doesn’t have a will.

If You Die With:	Here's What Happens:
children but no spouse	children inherit everything
spouse but no children, parents, siblings, or nieces or nephews	spouse inherits everything
parents but no children, spouse, or siblings	parents inherit everything
siblings but no children, spouse, or parents	siblings inherit everything
a spouse and one child or grandchild	spouse inherits all of your community property and 1/2 of your separate property
a spouse and two or more children	spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property
a spouse and one child and one or more grandchildren from a deceased child	spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property
a spouse and two or more grandchildren from a deceased child	spouse inherits and 1/3 of your separate property children inherit 2/3 of your separate property
a spouse and parents	spouse inherits all of your community property and 1/2 of your separate property parents inherit 1/2 of your separate property
a spouse and siblings, but no parents	spouse inherits all of your community property and 1/2 of your separate property siblings inherit 1/2 of your separate property

Handling estate and probate matters can be stressful, especially if you’re also mourning the death of a loved one. You need the best estate and probate attorney in LA to find the financial stability you’re looking for.

About Our Firm

The Law Offices of Nigel Burns is a law firm for family issues, like those surrounding marriage, divorce, and trust and probate litigation. These are personal matters, so it’s much more stressful to handle than another kind of lawsuit.

Our attorneys are experts in civil litigation, and you can be assured that our attorneys will work around the clock to get you the best results possible.

Our offices are located across greater Los Angeles, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here.