What Happens If You Don’t Have A Will Or A Trust

Dear Phyllis,
I look forward to your real
estate wisdom and believe I
have a new topic. My 95-year-old
aunt is widowed.

She and her husband never
had children. She still drives
and does her own shopping and
errands. I visit once a week
to just check in and keep her
company. We also invite her to
holiday dinners to enjoy with our
family. She does not have a will
or trust. My family does not need
her money, but I am concerned
about how her home and assets
will be distributed upon her
death. I would prefer she make
some kind of document, leaving
it all to charity rather than
distant unknown relatives.

What happens if you don’t have
a will or trust and what do you
suggest I do?

— A Nephew

Dear Nephew,
I am not an attorney, and I
suggest you contact one. If your
aunt dies without a will or trust,
California’s intestate succession
laws will dictate who inherits
her estate — including her
home and other assets. Since
she has no children, no living
spouse and you did not mention
siblings, the court will look for
the next closest blood relatives,
even if she has never met them.
These could be distant cousins
or their descendants.

This is from my perspective
as a real estate agent who
specializes in trust and probate
sales. Your 95-year-old aunt
needs an estate plan — now — if
she wants her home and assets
to go to charity rather than
distant relatives.

Meet with a trust attorney:
1. Create a Living Trust
• Best option as she owns
real estate.
• Avoids probate, names
charitable benefi ciaries,
and keeps things private.

2. Make a will (at minimum)
• Names who inherit (e.g.,
charities) and who is in
charge.
• Still goes through probate,
which is slow and public.

3. Set up the Power of Attorney
& Health Directive
• Allows someone she trusts
to manage finances and
medical care if she becomes
incapacitated.

You should contact a trust
attorney and obtain guidance
on helping your aunt create
a trust or holographic will. A
holographic will is a handwritten
will that is created and signed
by the person making the will.
Although this can be created
without an attorney, I do not
recommend it. You want to be
sure it is properly done and
valid.

Best of luck in handling this
delicate situation.
Warm regards.
Phyllis