Q&A

Does your spouse automatically inherit your estate?

Does your spouse automatically inherit your estate?

As a community property state, California law presumes all the property you or your spouse acquire during your marriage to be marital property, regardless of how it is titled. And if your spouse died without a will, you will automatically inherit all community property, including the home.

Should bank accounts be included in a will?

A will is a legal declaration that enables you to direct the disposition of your assets upon your death. The portion of your estate covered by a will includes both tangible assets, such as your home or your car, and intangible assets, such as bank accounts and mutual fund shares that are generally owned in your name.

Can you exclude a spouse from a will?

Yes, a spouse can be disinherited. In common law states, an individual may choose to disinherit a spouse in their will. However, the surviving spouse may have a right to seek their rightful inheritance by filing a Right of Election.

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Does a wife automatically get half?

In California, there is no 50/50 split of marital property. When a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally.

Do daughters have right to inherit ancestral property?

(Coparcener is a term used for a person who assumes a legal right in parental property by birth only.) The verdict also makes it clear the amendment to the Hindu Succession Act, 1956, granting equal rights to daughters to inherit ancestral property, would have retrospective effect.

How to write a will and choose witnesses?

The date and place, also must be indicated clearly at the bottom of the will. Make sure you and the witnesses sign all the pages of the will. One important point while choosing witness, is that they should be your friends, neighbors, or your colleagues and not the direct beneficiaries in the Will.

What are the rights of a daughter in father’s property?

At present, a daughter has the same rights in the property of her father on par with a son. But, kindly note that Daughters cannot inherit ancestral property if father has died before 2005.

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Is it advisable to write a will by hand?

It is advisable to write your will in your own hand writing, as the same can be verified later in case of any doubts raised by relatives. It might happen that according to your family structure and your preferences, you want to divide your wealth unequally or make a provision for a close friend or a faithful servant.