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Richard, Attorney
Category: Legal
Satisfied Customers: 55606
Experience:  Attorney with 29 years of experience.
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I am a 68 year old retired male (renter) here in Oceanside,

Customer Question

I am a 68 year old retired male (renter) here in Oceanside, CA. I know I need to prepare a simple will as I will be traveling soon (March), and my 2 sons/myself need this protective document. Would one of the local Senior Centers be able to assist me here, or maybe request something online. I have no other property other than 1 vehicle and 2 bank accounts (savings/checking at B/A and WF), plus my FEGLI policy with my sons as benes... I thank you for any advisement, David Seaton,(###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning David. If you put your son's on your bank accounts as Paid on Death beneficiaries, you actually won't need a will. Certain assets pass outside probate and thus are not governed by the will and thus do not require probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. If you put your sons on as POD beneficiaries of your bank accounts and with your FEGLI policy already doing so, all these assets will pass automatically. That will leave only your car and the boys can transfer title to that without probate by using a Small Estate Affidavit. :)

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