Both my parents are in their 80's and don't have living wills. I know, I know. but it's tough to insist when they are so close to the end of their lives. Anyway, they aren't legally married but share a home and some rentals. Some things are owned together, some as sole proprietor. Will the court let us kids decide what is best for the survivor or will it still be a long, expensive process?
2007-09-20 09:59:40 · 2 answers · asked by Californiamama 5 in Politics & Government ➔ Law & Ethics
No, the court will not allow the kids to decide.
A living will -- also known as an advanced medical directive -- determines how medical decisions are made if the person is not capable of making them themselves. Despite its name, it has nothing to do with a will that governs property distribution after death.
A testamentary will -- which governs property distribution after death -- allows the person to specify how they want their property to be handled.
Absent a testamentary will, the court is required to follow the existing laws (called "intestate succession") that determine how property gets distributed.
A will can be created very cheaply -- there are forms they can download and fill out. But if they don't do that -- the court will have to follow what the law requires -- and neither the survivor nor the kids have any say in that.
2007-09-20 10:05:34 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
If the assets go to probate the court will not let you do anything because the court hands are tied by the state laws of intestate, after the courts hand out the assets you are free then to give assets you control to another party
2007-09-20 17:03:59 · answer #2 · answered by goz1111 7 · 0⤊ 0⤋