A Tale of Sadness: When You Thought You Were Prepared

*All names have been changed.

Sam and Tanya were together for over 30 years. They were good for each other: soulmates. Both of them were getting a bit older in years, and both were having health problems. They married in the summer, and three months later, Sam was diagnosed with cancer and passed away. He had written a holographic will, but it had burned in a fire. There was no evidence of any of his wishes for his property. He told his new wife that he wanted her to have everything, and to give a few specific monetary gifts to his sister and nephew. He wanted her to be taken care of.

Because Sam didn’t have a will, ¬†Tanya is left with probating his estate. Any property they would have owned as community property would go to Tanya directly, but because they weren’t married for all those years, neither one them had community property together. Intestate laws dictate that she will receive 1/2 of his separate property. His mother will receive the other half. Sam’s intentions to take care of Tanya and provide for her will not be fully realized, and because creditors will be paid first, Tanya and Sam’s mom will receive their inheritance AFTER the bills have been paid. Medi-cal will come knocking on the door and demand payment.

Sam would be heartbroken if he could see the result of not taking care of his assets. His intentions were good, but failure to take care of business now leaves his beloved wife in a mess.

Probate court is not where you want your assets made public, and it is not where you want your loved ones to have to be after they lose you. Plan ahead and get your affairs in order now, so your family doesn’t have to pay the price later.