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3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123Can an executor take everything? No. An executor of a will cannot take everything unless they are the will’s sole beneficiary. However, the executor cannot modify the terms of the will. As a fiduciary, the executor has a legal duty to act in the beneficiaries and estate’s best interests and distribute the assets according to the will. Phenomenal How Do You Know If Probate Is Necessary is The Law Firm Of Steven F. Bliss Esq. Who you should never name as beneficiary? Whom should I not name as beneficiary? Minors, disabled people and, in certain cases, your estate or spouse. Avoid leaving assets to minors outright. If you do, a court will appoint someone to look after the funds, a cumbersome and often expensive process. Where should I keep my will? A Will can be stored in your home in a personal safe, a locked filing cabinet, or in another safe location. If you store your Will in a location that requires a combination, password, or key for entry, be sure to share that information with someone you trust, such as your spouse, your adult children, or your attorney. When a parent dies Who gets the house? California Probate Your adult children do not automatically inherit your house or any other property when you die. No law requires you to leave anything to your children or grandchildren. If you die without a will, or intestate, the laws of your state will decide who gets your money and property. What are considered assets in an estate? An estate is the economic valuation of all the investments, assets, and interests of an individual. The estate includes a person’s belongings, physical and intangible assets, land and real estate, investments, collectibles, and furnishings. Can I do my own estate planning? Most people can, in fact, create most important estate planning documents on their own, as long as they have reliable, clear instructions. The same is true for some other estate planning steps, such as creating a living will (advance directive), or naming beneficiaries for insurance policies and retirement accounts. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Kensington? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Kensington. Who needs an estate planner? Anyone who wants their assets to be transferred to one or more surviving loved ones after they pass away should consider establishing a formal estate plan. Call Probate Attorney Steven Bliss at The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Mission Hills? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Mission Hills. Can an executor of a will be a beneficiary? It is a common misconception that an executor can not be a beneficiary of a will. An executor can be a beneficiary but it is important to ensure that he/she does not witness your will otherwise he/she will not be entitled to receive his/her legacy under the terms of the will. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in San Marcos? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in San Marcos. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Spring Valley? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Spring Valley. Splendid How much should an irrevocable trust cost? For a simple irrevocable trust, you could expect to pay $900 on the low end for legal fees. For more complicated trusts, you can expect to pay as much as $3,500 to an Probate Attorney. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Leucadia? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Leucadia. The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123. What do you put in an estate? Will/trust. Durable power of attorney. Beneficiary designations. Letter of intent. Healthcare power of attorney. Guardianship designations. How long after someone dies is the estate settled? If the estate is small and has a reasonable amount of debt, six to eight months is a fair expectation. With a larger estate, it will likely be more than a year before everything settles. This is especially true if there’s a lot of debt or real estate in multiple states. Is a Last Will and Testament the same as a pour-over will? A Pour-Over Will is a special type of Last Will and Testament that works together with a Living Trust. This document transfer or pour any missed property into your Living Trust when you pass away. A Pour-Over Will is simpler than a normal Will, since it excludes detailed instructions for property distribution. When a spouse dies Who gets the house? Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will. Powerful What is the downside of a living trust? Another downside of living trusts is that transferring assets can be both time-consuming and complicated. If you hold a variety of assets, you’ll need to contact your different banks and agents to have everything you own moved over — a process that could involve a fair amount of paperwork. How much does it cost to get an irrevocable trust? For a simple irrevocable trust, you could expect to pay $900 on the low end for legal fees. For more complicated trusts, you can expect to pay as much as $3,500 to an Probate Attorney. The Law Firm Of Steven F. Bliss Esq. (858) 278-2800. Nice Estate Attorneys is The Law Firm Of Steven F. Bliss Esq. Do all assets have to be in a trust? Absolutely not. An irrevocable trust gets no asset protection for the grantors of the trust, i. e. , the people who created the trust. It does create asset protection for their beneficiaries. Why is it better to avoid probate? The two main reasons to avoid probate are the time and money it can take to complete. Remember that probate is a court process, and along with the various proceedings and hearings, simply gathering assets and paying off debts of an estate can take months or even years. San Diego Probate Attorney is Should I put my bank accounts in my trust? Putting a bank account into a trust is a smart option that will help your family avoid administering the account in a probate proceeding. Additionally, it will allow your successor trustee to access the account should you become incapacitated. Do you need lawyer to set up trust? You do not need an attorney to make a trust, but you will need to know how to form a trust on your own. Many people who want to create a living trust contemplate hiring a living trust lawyer. Hiring a living trust lawyer can cost between $1,200 to $2,000, which does not itself guarantee you top-quality service. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in University City? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in University City.
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San Diego Probate Attorney 3914 Murphy Canyon Rd a202, San Diego, CA 92123 (858) 278-2800 |
San Deigo Probate Lawyer 3914 Murphy Canyon Rd a202, San Diego, CA 92123 (858) 278-2800 |
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Estate Lawyer San Diego 3914 Murphy Canyon Rd a202, San Diego, CA 92123 (858) 278-2800 |
Estate Attorney San Diego 3914 Murphy Canyon Rd a202, San Diego, CA 92123 (858) 278-2800 |
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Peaceful San Diego Estate Attorney Near Me is (858) 278-2800 Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in San Marcos? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in San Marcos. Terrific San Diego Probate Property is 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 Is it illegal to withdraw money from a dead person account? Withdrawing money from a bank account after death is illegal, if you are not a joint owner of the bank account. The penalty for using a dead person’s credit card can be significant. The court can discharge the executor and replace them with someone else, force them to return the money and take away their commissions. Reliable Probate Court Forms is The Law Firm Of Steven F. Bliss Esq. Are distributions from an estate taxable to the beneficiary? Practically speaking, the U. S. no longer has an inheritance tax. Inheritances of cash or property are not taxed as income to the recipient. As of 2021, the estate tax, which the estate itself pays, is levied only on amounts above $11. 7 million. Willing How Long Do You Have To File Probate After Death is The Law Firm Of Steven F. Bliss Esq. Can a trustee steal from a trust? A trustee or anyone else improperly taking money from a trust can be subject to criminal prosecution for theft from the trust, even if they are one of the beneficiaries. Taking more than you are entitled to by law can be interpreted as stealing from the other beneficiaries of the trust. Is a sibling or child next of kin? Next of Kin Defined Your next of kin relatives are your children, parents, and siblings, or other blood relations. Since next of kin describes a blood relative, a spouse doesn’t fall into that definition. Probate Lawyer San Diego is The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 Can executor Use deceased bank account? The executor can deposit the deceased person’s money, such as tax refunds or insurance proceeds, into this account. They can then use this money to pay the deceased person’s debts and bills, and to distribute money to the beneficiaries of the estate. deceased’s assets and property. San Diego Probate Court is What happens if my husband died and I’m not on the mortgage? If there is no co-owner on your mortgage, the assets in your estate can be used to pay the outstanding amount of your mortgage. If there are not enough assets in your estate to cover the remaining balance, your surviving spouse may take over mortgage payments. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Encinitas? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Encinitas. Who is first in line for inheritance? It is common that a surviving spouse be first in line to inherit, with children and grandchildren next in line. If the surviving spouse has minor children, they may inherit the whole estate. If there are adult children, they may receive a share. San Diego Estate Attorney Near Me is Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Cortez? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Cortez. What you should never put in your will? Conditions that include marriage, divorce, or the change of the recipient’s religion cannot be provisions in a legal will. Therefore, a court will not enforce them. You can put certain other types of conditions on gifts. Usually, these types of conditions are to encourage someone to do or not do something. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Coronado? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Coronado. Generous Probate Lawyer San Diego is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Mission Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Mission Beach. How is a living trust executed? A living trust is an estate-planning tool executed by the person forming the trust, or the grantor, and the trustee. Assets can move freely into and out of the trust during the life of the grantor. Upon the death of the grantor, the living trust becomes an irrevocable trust. Will Not Probated is The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123What happens if I put my house in trust? With your property in trust, you typically continue to live in your home and pay the trustees a nominal rent, until your transfer to residential care when that time comes. Placing the property in trust may also be a way of helping your surviving beneficiaries avoid inheritance tax liabilities.
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Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
San Diego Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
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The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
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Phenomenal What Happens To Property When Someone Dies Without Relatives is ( +1 (858) 278-2800 ) Can you rent a house that is in a trust? One of the most basic tenets of fiduciary duty is to protect trust assets. Since family members or trust beneficiaries cannot use trust-owned property as a personal asset and live in trust rental property rent-free, they also cannot be involved in rent collection. Brilliant How Do You Avoid Probate is The Law Firm Of Steven F. Bliss Esq. Can I sell assets before probate? The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property. If you need to sell property in such a situation, you can go ahead and list it on the market and even accept offers before obtaining the Grant of Probate. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Olivenhain? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Olivenhain. Comfortable Best Probate Attorney is The Law Firm Of Steven F. Bliss Esq. What debts are forgiven at death? Secured Debt. If the deceased died with a mortgage on her home, whoever winds up with the house is responsible for the debt. Unsecured Debt. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. Student Loans. Taxes. Comprehensive Does the IRS know when you inherit money? Money or property received from an inheritance is typically not reported to the Internal Revenue Service, but a large inheritance might raise a red flag in some cases. When the IRS suspects that your financial documents do not match the claims made on your taxes, it might impose an audit. What happens to a living trust after death? A living trust becomes irrevocable upon the death or incapacity of the last of the original trust creators. The trustee distributes assets to beneficiaries according to the decedents’ instructions without having to go to court and without court supervision. The Law Firm Of Steven F. Bliss Esq. (858) 278-2800. Sorry What Is Probate is The Law Firm Of Steven F. Bliss Esq. Can I have both revocable and irrevocable trust? Yes, many people should have both irrevocable and revocable trusts. Therefore, you should transfer some of your assets into the revocable trust and other assets into the irrevocable trust. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. Can you put rental property in a trust? Placing your investment property in a discretionary trust can be an effective asset protection strategy. A well-constructed discretionary trust provides protection for the trust property from potential claims by beneficiary’s creditors if the beneficiary becomes bankrupt or is subject to a lawsuit. What are the disadvantages of putting your house in a trust? Potential Disadvantages Even modest bank or investment accounts named in a valid trust must go through the probate process. Also, after you die, your estate may face more expense, as the trust must file tax returns and value assets, potentially negating the cost savings of avoiding probate. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in North Park? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in North Park. Skilled What Is The First Thing An Executor Of A Will Should Do is The Law Firm Of Steven F. Bliss Esq. At what net worth do you need a trust? If you have a net worth of at least $100,000 and have a substantial amount of assets in real estate, or have very specific instructions on how and when you want your estate to be distributed among your heirs after you die, then a trust could be for you. Can you sell a house in a revocable trust? Selling Property in a Revocable Trust As the grantor, you can sell properties in a revocable trust the same way you would sell any other property titled in your own name. You can take the property out of the trust and retitle it in your name, but that isn’t necessary. Does The Law Firm Of Steven F. Bliss Esq. work in San Marcos? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in San Marcos. What are the three conditions to make a will valid? Condition 1: Age 18 And of Sound Mind. Condition 2: In Writing And Signed. Condition 3: Notarized. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in San Elijo Hills? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in San Elijo Hills. Can you put cash in a trust? You can place cash, stock, real estate, or other valuable assets in your trust. A traditional irrevocable trust will likely cost a minimum of a few thousand dollars and could cost much more. When a husband dies what is the wife entitled to? Upon one partner’s death, the surviving spouse may receive up to one-half of the community property. If there is no will or trust, then surviving spouses may also inherit the other half of the community property, and take up to one-half of the deceased spouse’s separate property. Do financial planners do estate planning? Financial planners also assess clients’ overall financial health. An experienced financial planner helps clarify existing options and recommends products, investments, or other strategies to help one achieve her financial goals. Estate planning, on the other hand, is handled exclusively by an Probate Attorney. How do you create an estate? Make a will. Consider a trust. Make health care directives. Make a financial power of attorney. Protect your children’s property. File beneficiary forms. Consider life insurance. Understand estate taxes.
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Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
San Diego Probate Attorney 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
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The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 (858) 278-2800 |
The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 +18582782800 |
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Easy-Going San Diego Estate Attorney is The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 How much does the average person inherit from their parents? Average Inheritance in the U. S. The average inheritance from parents, grandparents or other benefactors in the U. S. is roughly $46,200, also according to the Survey of Consumer Finances. Bad What is the purpose of estate planning? Specifically, estate planning allows an individual to decide exactly who will benefit from their estate, and to what extent. Estate planning also ensures that the estate will not be destroyed by taxes imposed on the transfer of assets at death. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Rancho Santa Fe? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Rancho Santa Fe. The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123. Creative Probate Law is 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in San Elijo Hills? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in San Elijo Hills. Can you put rental property in a trust? Placing your investment property in a discretionary trust can be an effective asset protection strategy. A well-constructed discretionary trust provides protection for the trust property from potential claims by beneficiary’s creditors if the beneficiary becomes bankrupt or is subject to a lawsuit. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in East Village? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in East Village. Authentic San Diego Probate Court is The Law Firm Of Steven F. Bliss Esq. Can an executor of a will remove a beneficiary? Can an Executor Remove a Beneficiary? As noted in the previous section, an executor cannot change the will. This means that the beneficiaries who are in the will are there to stay; they cannot be removed, no matter how difficult or belligerent they may be with the executor. What is the difference between a revocable trust and an irrevocable trust? A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the consent of the beneficiaries. Broken San Diego Probate Lawyer is The Law Firm Of Steven F. Bliss Esq. ( +1 (858) 278-2800 ) How do you transfer money to a deceased person’s bank account? The surviving account holder will have to submit a written application informing about the death of account holder to the bank along with the copy of death certificate and copy of ID proof of the deceased. The copy of ID proof of the deceased account holder will be self-attested by the surviving account holder. Breathtaking Can the IRS seize assets in an irrevocable trust? One option to prevent the seizure of a taxpayer’s assets is to establish an irrevocable trust. This rule generally prohibits the IRS from levying any assets that you placed into an irrevocable trust because you have relinquished control of them. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Scripps Ranch? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Scripps Ranch. The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ). Exclusive Probate Property is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in La Jolla? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in La Jolla. Do financial planners do estate planning? Financial planners also assess clients’ overall financial health. An experienced financial planner helps clarify existing options and recommends products, investments, or other strategies to help one achieve her financial goals. Estate planning, on the other hand, is handled exclusively by an Probate Attorney. Ideal Estate Lawyers Near Me is ( +18582782800 ) The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney.
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Funny San Diego Attorney Near Me is The Law Firm Of Steven F. Bliss Esq. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. How much does an executor of a will get paid? How much can an Executor receive? There is no scale set under the PAA about how much commission an Executor can receive and each application for commission will be determined by the matters presented to the Court. However, as a general rule, a 1% to 2% commission on the value of assets is usually granted. San Diego Probate Attorney is Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Mission Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Mission Beach. How much does it cost to go through probate? The typical probate process might cost around 10 percent of an estate. In some cases, the costs are higher, particularly if an accountant and attorney, as well as the executor, participate in the process. Some states set limits on the fees that lawyers and executors can charge for probate services. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. What is difference between a trust and an estate? A trust can be created while the grantor is alive, while an estate is created at the moment of someone’s death. A trust is intended to be a semi-permanent entity. It exists to distribute assets over time according to a series of rules and conditions, overseen by a trustee. What happens if you can’t afford probate? However, if you can’t afford to pay for probate litigation because you can’t afford to pay your attorney on an hourly basis, your case lends itself to a contingency fee, and you can find a probate and trust litigation attorney who will take your case on a contingency fee. Attractive The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in San Diego. Does a will need to be notarized? A will doesn’t have to be notarized to be valid. But in most states, you’ll want to add a “self-proving affidavit” to your will, which must be signed by your witnesses and notarized. If you sign your will in a lawyer’s office, the lawyer will provide a notary public. The Law Firm Of Steven F. Bliss Esq. (858) 278-2800. What are the chances of contesting a will and winning? The chances of contesting a will and winning are slim. Research shows that only 0. 5% to 3% of wills in the United States undergo contests, with most will contests ending up unsuccessful. You will need valid grounds to contest a will. What happens to your money without a will? If you die without a will, the probate process kicks in and the state will name a personal representative (the person who will distribute your assets). Until the courts decide who will distribute your assets, they will be frozen. That means no one can touch your stuff, even if you said they could have it. What is difference between a trust and an estate? A trust can be created while the grantor is alive, while an estate is created at the moment of someone’s death. A trust is intended to be a semi-permanent entity. It exists to distribute assets over time according to a series of rules and conditions, overseen by a trustee. Reliable San Diego Estate Attorneys is The Law Firm Of Steven F. Bliss Esq. How do you sell a house in a living trust? Review the trust documents to make sure the trustee has the power to sell the home. Have the trustee hire a real estate agent or sell the home off market. Prove the validity of the trust to the title company by providing the Certification of Trust, the grantor’s death certificate, and a tax ID number. Is a Last Will and Testament the same as a pour-over will? A Pour-Over Will is a special type of Last Will and Testament that works together with a Living Trust. This document transfer or pour any missed property into your Living Trust when you pass away. A Pour-Over Will is simpler than a normal Will, since it excludes detailed instructions for property distribution. Calm San Diego Estates Lawyer is The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ) Do grandchildren get inheritance if parent dies? Your children are entitled to share the balance of your estate equally. If any of your children died before you, but left children (your grandchildren) who survive you, those grandchildren are entitled to share the portion of your estate which your child would have received if he or she was alive. San Diego Attorney Near Me is The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ) What type of trust is a revocable trust? Revocable trusts are created during the lifetime of the trust maker and can be altered, changed, modified or revoked entirely. Often called a living trust, these are trusts in which the trust maker: Transfers the title of a property to a trust. Serves as the initial trustee. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Solana Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Solana Beach. What happens to bank account when someone dies without a will? If someone dies without a will, the money in his or her bank account will still pass to the named beneficiary or POD for the account. In most states, most or all of the money will go to the deceased’s spouse and children.