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Law Offices of
Susan Marchant Angel
810 E Street
San Rafael, CA 94901

415.453.5000

If You Have No Will

If you die without a will, the laws of the State of California become your “Will.”  Whether you like it or not, the following is the Will you haven’t made.  (It varies somewhat in different situations, but this is essentially the pattern of distribution unless you prepare a better one.)
                                                                                                       

My Last Will and Testament

Although I am of sound mind and memory, and therefore should know better, I do hereby declare this to be my last Will and Testament:


FIRST:
  Distribution of my Estate.  I give everything I own as follows: 

a)  Either one-third or all of my possessions, depending on how and when I acquired them, to my spouse; and

b)  The rest to my children, or if I have no children at my death, to my parents or siblings.

 

SECOND:  Children’s Money.  Any money or property I leave my children shall be handled by my spouse or other guardian as follows: 

a)  I require that the guardian only spend as much of the money on my children as absolutely necessary. 

b)  The guardian (even my spouse) must purchase a Bond to guarantee that she/he handles the money properly, and shall hire an attorney to report to the Superior Court each year exactly how, why and where she/he invested and spent the money for my children. 

c)  Each of my children on his or her 18th birthday shall have the right to a complete accounting of how their money was spent and managed, and he or she shall be given outright all of their share of my estate, to spend or use as he/she sees fit.

 THIRD: Remarriage of Spouse.  Should my spouse remarry, he/she may leave everything, including what he/she inherited from me, to his/her new spouse.  If my spouse does not make a will, his/her property shall be divided between my children and his/her new spouse.  Should my children need money for their support, the new spouse shall not be bound to spend anything for their benefit.  The new spouse shall have sole right to decide who is to get his/her share on death, to the exclusion of my children.

 

FOURTH:  Guardian for Children.  Should my spouse predecease me or die while any of my children are minors, I do not wish to exercise my right to nominate the guardian of my children, and I direct the Superior Court to make the selection, because I think the Court knows better than me what is best for my children.  If the court wishes, it may appoint a stranger.

 

FIFTH:  Death and Taxes.  Under existing tax law, there are certain legitimate avenues open to me to lower or eliminate death taxes.  Since I prefer to have my money used for government purposes rather than for the benefit of my spouse and children, I choose to make no provisions to lower my estate taxes, with the full understanding that the IRS will get as much as $500,000 more than necessary.

 

IN WITNESS WHEREOF, I have neglected to set my hand to any other LAST WILL AND TESTAMENT.

 

[NO SIGNATURE NECESSARY]

                                                                                                       

©2003 Susan Marchant Angel, Attorney At Law

For more information contact us to learn how you can create your Will or Trust
stress free and for less money than you would think.

 

 
Copyright 2010 ~ Susan Marchant Angel, Attorney at Law