How can we ensure our daughter receives all we have without a Will?
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How can we ensure our daughter receives all we have without a Will?
It would be difficult to leave a Will as we have nobody we could select as an executor. My wife and I live alone and have no immediate friends or relatives to fill that roll. Our daughter lives in another state which makes it a little more complicated. Or does it? Our estate will contain several CD’s and checking account funds, also are home which in this case is a mobile home and of course a car.
Asked on January 5, 2016 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you have the one child and neither of you has a child from a previous or other relationship, then under the laws of intestate succession (who gets what when there is no will) in your state, your sole daughter should get everything.
Please note that that if you want to have a will, you can make your daughter the executor as well as the beneficiary. This is better than having no will, since if no will, the court will select someone (likely with no connection to your family) to administer the estate. Why not let your daughter, who's going to get everything, control the process?
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