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No Contingent Beneficiaries

If you leave your home to two adults, who both have two kids, and one of the adults predeceases you, the house goes 100% to the surviving adult beneficiary (this is also how many beneficiary forms for  financial accounts work).  

 

If both adults predecease you and you do not file another transfer on death deed, the house will go through probate to your next of kin unless you have a will or trust that says the house will go to someone else.  

 

A trust will allow you to select different contingent beneficiaries, and the house does not go through probate.  This allows for the distribution plan that most people want - i.e. it goes to my child, and if she is deceased, to her kids. If anyone entitled to the house or to funds from the sale is under 30, those assets are managed in trust by a trusted adult who serve as trustee. 

3871 Piedmont Ave #77, Oakland, CA 94611

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Got legal questions? Book a call with us at Summerall Law -or- 
any other attorney to help you.

Too many California home-owners without an estate plan risk their family losing much of the value of their home when they die. We create a simple solution for home owners to avoid costly & lengthy probate—free for low-income families who qualify. So they can keep their homes in the family—preserving wealth across generations.

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