If you die without a will in California, intestate succession laws can help ensure your assets don’t end up with the state or in the hands of people who are not family, but there are still quite a few disadvantages of intestate succession to be aware of.
Perhaps the decedent wanted their kids to inherit most of their assets, but because of intestate succession, their surviving spouse will inherit almost everything. Or, perhaps the decedent wanted to leave their estate to a charity or someone who really needed it, but thanks to intestate succession laws, their estate will pass to a wealthy relative instead.
If a person dies without a will, they will also not have the option of disinheriting any of their surviving heirs, whereas with a will, they could have made their desire to disinherit a close relation explicit. Likewise, intestate succession cannot generally be contested since it is written into the law.
While there are certain instances in which the court may set aside intestate succession laws (e.g., if the court finds that an heir who stands to inherit under intestate succession perpetrated elder financial abuse against the decedent), it is rare for it to do so. Wills and trusts, on the other hand, can be contested if the document meets one or more grounds for contesting a will or trust.
As an enthusiast with deep knowledge in estate planning and probate laws, I can provide you with a comprehensive breakdown of the concepts touched upon in the article.
-
Intestate Succession: This is the legal process that determines who inherits the assets of a deceased person when they haven't left behind a valid will or trust. Every state has its intestate succession laws, and in California, these laws are codified under the California Probate Code. The laws typically prioritize close family members like spouses, children, parents, and siblings, in that order.
-
Disadvantages of Intestate Succession:
- Unintended Beneficiaries: One of the primary drawbacks is that assets might not be distributed as the deceased would have wanted. For instance, if someone wanted their assets to go to a charitable organization or a friend, intestate laws would distribute them to family members by default.
- Lack of Discretion: Without a will, individuals lose the ability to make specific bequests, like disinheriting a family member. The state's default rules might distribute assets in ways contrary to the deceased's wishes.
-
Contesting Intestate Succession: Generally, the provisions of intestate succession are statutory and not easily contested since they are based on established laws. However, there are specific circ*mstances where the court might intervene. For instance, if there's evidence of elder financial abuse against the deceased by a potential heir, a court might set aside the intestate distribution in favor of a more just distribution.
-
Wills vs. Intestate Succession:
- Explicit Wishes: With a will, an individual can specify precisely how they want their assets distributed. This includes specifying beneficiaries, amounts, conditions, and even disinheriting specific individuals.
- Contestability: While intestate succession is more rigid and less open to challenge since it follows state law, wills can be contested. Grounds for contesting a will can include claims of undue influence, lack of capacity, fraud, or improper execution.
-
Trusts: Trusts provide another avenue for individuals to dictate how their assets are managed and distributed after their passing. Trusts can be more private than wills, offer potential tax benefits, and can provide for more structured distributions over time.
In conclusion, while intestate succession serves as a default mechanism to distribute assets when someone passes away without a will, it often lacks the flexibility and specificity that individuals might desire. Creating a will or trust allows for greater control over one's assets and ensures that one's wishes are honored, provided the documents are properly drafted and executed.
