Personal property includes tangible and intangible items that are not real property.

Natalie and Denise are sisters who own a house (“House”).  They hold the title as tenants-in-common.  Natalie’s will leave all of her property to her favorite niece, Kathy.  If Natalie dies in a car accident, Denise becomes the sole owner of the House.

Karen and Dan hold title to their house in community property with right of survivorship.  If Karen dies, Dan will become the sole owner of the house.

Jim and Kathy are married and live in California.  For several years they save a portion of their wages for the purchase of a home.  If Jim and Kathy buy a house with their savings/wages, the house is community property.

When a person dies without a will and his or her estate is probated, the court will appoint a personal representative, whose job will be to administer the decedent’s assets and to distribute such assets to the proper parties.

Sam purchased 100 shares of Google stock (“Stock”) in 2012.  In 2018, Sam married Tina.  They live in California.  At the time of marriage, the Stock became community property.

Bobby and Susie own land in joint tenancy.  As a result of taking the title in this fashion, when Bobby dies, the transfer of land to Susie will be supervised by the probate court.

Henry owns a large parcel of land, and when he dies, he intends to leave it to the University to house a science research center.  Henry does not want the land used in any other way.  In order to accomplish his goal, Henry should convey the land in fee simple absolute.

When property is classified as quasi-community property, the property was originally acquired by un unmarried couple and only became quasi-community property after the couple marries.

A holographic will is in the testator’s handwriting, and when executed, it requires no witnesses.

Conveyance reads: “To Catherine for life, then to Michael”.  The estate that has been created for Catherine is a Life Estate with future interest and Michael has a future interest.

Conrad and Stella are married and living in California.Both work and deposit their earnings in a joint bank account. They purchase a new Lexus and pay for it out of their joint bank account. The new Lexus is community property.

Carolyn wants to write her will.  She intends to leave a few personal items to her longtime friends and some cash gifts to a couple of charitable organizations, but wants the majority of her estate to fund research at the university.  What type of gift will the university receive?

Jody is not married and has no children.  She does not leave a will.  Her assets will be distributed under laws as follows: first, to her Issue; next of kin, and if there are none, then second, to her Parents; issue of parents(siblings).

A devisee the person who is named to receive a gift of property under a will.

The testator is the person who drafts, or makes, a will.

An heir is a person who is usually a relative who will receive a gift of property.

A bond is required in all probate estates. It is money posted or pledged to protect the heirs, or beneficiaries, against personal representatives wrongdoing and functions as “insurance”.

Some of the requirements for a valid will are that it must be written, signed by the testator, and attested by two witnesses. 

The remaining assets in the estate after specific gifts are designated are the leftovers are termed as the residuary gift.

Lapse of a gifts occurs when the beneficiary of a gifts dies before the testator.

The attestation clause is found at the beginning of the will and signed by the testator.

A testator may not revoke a will in part but the testator could revoke the whole will.

When choosing an executor, the testator needs to consider if that person is trustworthy, and capable of handling the financial, legal, and moral obligations required to complete the probate process.

The testator must have a sound mind at the time of writing the will.

The document ‘the will’ does not need to state that it is the “will” of the testator.

On a formal will, two witnesses must be signed who are disinterested or who are not receiving gifts under the will.

Holographic Will is a will that is all in the testator’s handwriting and signed by two witnesses.