How can we ensure our daughter receives all we have without a Will?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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