Dear Marilyn, My sister-in-law died with a will but her estate still went to Probate. I thought a will avoided Probate. Please explain? —Mrs. FS, Lake County

Dear Mrs. FS, Having a will means you “will” go to Probate. It really is like an engraved invitation to Probate. The difference is if you have a will you can choose who you want to inherit your Estate. If you “do nothing”, (incidentally this is the most common Estate Planning Technique) then the state of California will decide who will inherit your estate via THE LAWS OF INTESTACY. This also applies to your children who may have minor or handicapped children themselves. If you or your loved ones have a house or other assets you may wish to consider having a Living Trust which will avoid probate. Joint tenancy also avoids probate but has numerous negative aspects which I have discussed in prior issues of this column. You may wish to call me if you missed this column and I’ll discuss it with you.

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Dear Marilyn, My husband had considerable assets before we married, including the house that we live in and told me that “he would always provide for me, and I could continue to live in our house with an income from his investments for my lifetime. I really have nothing of my own but a small IRA. My husband has been diagnosed with a serious illness, and his three children are saying that anything that their father had before our marriage will go to them as he doesn’t have a will. I’m very worried. Is this true? What should I do? —Worried in Lakeport

Dear Worried, You have reason to be worried. The rules for community property and separate property are quite different. Your husband’s assets from before you were married—assuming he has kept them separate, are his separate property. Without a will his separate property will go 2/3 to his children and 1/3 to you. (If there were only one child it would be 1/2 to the child and 1/2 to the spouse). You should talk with him about doing a will or trust NOW, while he is still competent. There are ways of protecting you, with him having several options available to provide for his children, either immediately after his death, or after both of your deaths. This is one of those areas of the law that are complex and which you need clear written documents.

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Dear Marilyn, My girlfriend said that I could live in her house for my lifetime if something were to happen to her. I am worried because her kids don’t like me and they told her last week that if anything happened to her I would be History. Can the kids kick me out. —Mr. J, Upper Lake


Dear Mr. J, In the absence of a written agreement or deed giving you a “life estate” in the property you would be a tenant-at-will and would be subject to eviction proceedings on your girlfriend’s death. You should talk with her and get your agreement formalized. Otherwise you will be “history.”