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What Estate Property is not Subject to Intestate Law in California?

Estate Property California Intestate Law.jpg

In Northern California probate litigation, what does dying intestate mean? What property is subject to intestate succession law in California; is it wise to die intestate? Why not? What can I do to protect my estate in Sacramento? When should I hire an estate-planning attorney? When do I need a probate litigator in San Francisco?

Dying Intestate

Probate lawyers know that an intestate estate in Sacramento, San Joaquin, El Dorado or Placer County is any part of a decedent's estate that is not effectively disposed of by a will in California. The death of the decedent is what vests the heir's rights to the intestate estate.

Who inherits under California Intestacy Laws? Read California Probate Code Sections 6400-6414 to learn more about California intestate succession.

Property that does not pass intestate under California intestacy laws

• Property transferred through a living trust

• Life insurance proceeds (since you name a beneficiary)

• Funds in an IRA, 401(k), or other retirement account

Securities held in a transfer upon death account (sometimes called "TOD" accounts)

Payable on death accounts (sometimes called "POD" accounts) and

• Property you own with someone else in joint tenancy.

Do you want to know more about California probate litigation? Consider these free resources:

Read the California Courts webpage Wills, Estates and Probate: http://www.courts.ca.gov/8865.htm

Read the California Probate Code: http://www.leginfo.ca.gov/.html/prob_table_of_contents.html

Read the California Probate Rules: http://www.courts.ca.gov/documents/title_7.pdf

Here are the Current Rules of Professional Conduct of the State Bar of California: http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules.aspx

In the age of the Internet many people want to do research on their own before their first call to a lawyer. This is understandable with this caveat. A lawyer with a practice focused on probate, estate and trust litigation will be experienced and knowledgeable in the nuances of the law and the peculiarities of case law. It is one thing to do research to gain a general understanding of the subject area, but it's quite another to be confident that you have covered all of the legal bases covered.

Estate and probate litigation can often make for a tough battle - that's why you need the experience and legal excellence of a veteran fighter. Michael Hackard has been a litigator for 40 years, attaining status of Super Lawyer and superior ratings along the way. Call Hackard Law at 916-313-3030 so we can help you today.

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