Does A Surviving Spouse Automatically Inherit?

We Cover:
00:00 - Intro
0:54 - When does the surviving spouse automatically inherit?
2:02 - When does a surviving spouse inherit?
4:49 - Contact Us

A surviving spouse can avoid probate when property is held in joint tenancy by the spouses, the surviving spouse is the designated beneficiary of an account, and when the couple created a trust then the surviving spouse can avoid probate. The surviving spouse gets title to the property in all of these situations. There is simply no reason to open up probate.

Now as for when a surviving spouse must go through probate, this usually happens in blended families or first marriages but the main issue concerns the title of the property. As I said before, the central rule is that If a trust or will leaves property to a surviving spouse then the surviving spouse inherits. But that rule also applies when title to the house is in the name of only one spouse.

You may ask why title would only be in one spouse's name? Well this often happens because when the house is purchased, one spouse has good credit and the other spouse has terrible credit. In order to get the mortgage or get a better rate, the spouse with good credit goes on title. The other spouse will almost certainly sign a quit claim deed saying they give their entire interest in the house to the spouse with good credit. This means when the spouse with good credit dies, unless the house is in a trust, the surviving spouse must do probate.

Additionally in blended families there is sometimes a plan for the spouses to keep property in their individual names in order to make clear the property in their names goes to their biological children. That plan won’t work if the property isn’t put in a trust and there is no will.
In that situation, probate will have to happen in order to pass the property and the surviving spouse is going to get some portion of it.

I hope this video helped inform you on your situation

For prospective CA law firm clients who want to speak with Scott: [ Ссылка ]

Scott Grossman
The Grossman Law Firm, APC
www.Grossmanlaw.net
Phone: (888) 443-6590

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