Mutual Wills containing Last Will and Testaments for Unmarried Persons with No Children - California 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name in Field [1] and your county of residence in Field [3]. This personal information is essential for identifying the testator.
  3. In Article One, specify the name of the person you reside with in Field [4]. This establishes your living situation.
  4. For Article Three, list specific bequests. Fill out Fields [11] to [28] with names, addresses, relationships, and descriptions of property you wish to bequeath.
  5. In Article Four, designate who will receive your homestead by filling out Field [29]. If applicable, check the box for heirs.
  6. Complete Article Five by naming a person to receive all remaining property in Field [31], ensuring clarity on your estate's distribution.
  7. Designate a Personal Representative in Article Six by filling out Fields [34] and [35]. This individual will manage your estate after your passing.
  8. Review all entries carefully before printing. Ensure that you sign the document in front of two witnesses as required for legal validity.

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Three trusts that single people may want to consider include a revocable living trust, an asset protection trust, or a testamentary trust.
The five-year trust or a Medicaid asset protection trust is an irrevocable trust. Its primary purpose typically is to allow an individual or couple to transfer assets to the trust but retain the income. The goal is this type of trust is to qualify the individual for Medicaid five years after its creation.
Unmarried partners can best protect their home for each other by placing it in a joint trust.
A Living Trust can help avoid or reduce estate taxes, gift taxes and income taxes, too. Your tax savings can amount to hundreds of thousands of dollars or more in some circumstances.
By creating wills, trusts and powers of attorney tailored specifically to their needs, unmarried individuals can protect their assets and ensure that their wishes are respected during incapacity or after death.

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A trust is always the best way to organize and dictate the disposition of your assets after death, even if you have no children. A trust allows you to transfer your property and assets after death without the need for court intervention. Trusts can be for single persons, couples with no children, and families.
Intestate succession. The spouse inherits half of the community property (they already own the other half of the community property under Californias property division law). In addition, the surviving spouse inherits a portion of their spouses separate property.

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