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Questionable heir
- Thread starter franz-27
- Start date
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BelizeBreeze
Senior Member
If a person dies intestate (without a will), then the state where the decedent resides makes the rules as to who inherits the decedent's property. The only exception is with regard to real property. Real estate is controlled by the laws of the state where the real property is located.
If the decedent who was a California resident dies without a will, California law regarding intestate succession applies to bank accounts, securities, real estate in California, and other assets. It does not apply as to real property in another state. That state's laws regarding intestate succession apply instead.
The law of intestate succession varies depending upon whether the decedent was single or married at the time of death.
Single person
If the decedent was unmarried at the time of death, the assets go to the following people, in order:
Children, equally. If a child is deceased but had children, the child's share goes to his or her children equally. If the decedent had three living children and no deceased children, each child would receive one-third of the assets. If there are two living children and one deceased child who had two children, each living child receives one-third and each child of the deceased child receives one-sixth (one-half of the third). In some but not all cases, foster children and stepchildren can inherit from foster parents or stepparents.
If no living children, to the grandchildren equally.
If no children or grandchildren, to great grandchildren, equally.
Decedent's parents equally, or to the surviving parent if one is deceased.
Brothers and sisters equally (half-brothers and sisters are considered the same as full brothers and sisters) with provision that if any brothers or sisters are deceased, their share passes to their children equally.
Grandparents, equally, or to the surviving grandparents if any are deceased.
The descendants of grandparents, such as aunts, uncles and cousins.
The descendants of a predeceased spouse (step-children).
Parents or the surviving parent of a predeceased spouse.
Descendants of the parents of a predeceased spouse, such as brother-in-law, sister-in-law or that person's children.
The next of kin or nearest relative.
The next of kin or nearest relative of a predeceased spouse.
If none of the above, to the State of California.
In addition to the above, there is a special provision in the law that if a single person dies without a living spouse, children or grandchildren, and had previously inherited from a predeceased spouse, what was previously inherited from that spouse goes back to the predeceased spouse's nearest relatives.
The right of inheritance for relatives of a predeceased spouse only occurs when there is real estate involved and the two spouses die within 15 years of each other, or when there is personal property (all assets other than real property), and both spouses die within a five-year period.
Married person
The rights of inheritance for a person who is married at death depends upon the nature of the assets owned. Assets can be community or quasi-community property (acquired during marriage either in or out of California) or separate property (owned before marriage or acquired during marriage by gift or inheritance).
All community property and quasi-community property passes entirely to the surviving spouse.
Any separate property of the decedent is distributed to the surviving spouse or domestic partner and other relatives, depending on the relatives who survive, as follows:
Spouse or domestic partner and children: One-half to spouse or domestic partner and one-half to one child if there is only one child. If there is more than one child, one-third goes to the spouse or domestic partner and two-thirds to the children, in equal shares.
If there are no children or grandchildren (if there is a deceased child, the children of the deceased child take his or her share), then one-half to the spouse and one-half to the decedent's parents equally, or one-half to the surviving parent if one parent is deceased.
If there are no children, grandchildren, or parents of the deceased, then one-half goes to the spouse and one-half to the decedents' brothers and sisters, equally (half-brothers and half-sisters share equally with full brothers and sisters). If there are any deceased brothers or sisters, the children of the deceased brother or sister take that parent's share, equally.
If there are no children, grandchildren, parents, brothers or sisters, nieces or nephews, then all of the separate property passes to the surviving spouse.
Domestic Partner
If an individual dies and is survived by a domestic partner, the domestic partner inherits the same as a surviving spouse when the deceased spouse owned separate property. This would be one-half, one-third, or all of the assets of the deceased partner, depending on whether the deceased partner was survived by children, grandchildren, parents, brothers, and sister, nieces and nephews, or no relative in these categories.
To qualify as a domestic partner, the parties must have completed and filed with the California Secretary of State a "Declaration of Domestic Partnership" and not revoked this prior to death.
If the decedent who was a California resident dies without a will, California law regarding intestate succession applies to bank accounts, securities, real estate in California, and other assets. It does not apply as to real property in another state. That state's laws regarding intestate succession apply instead.
The law of intestate succession varies depending upon whether the decedent was single or married at the time of death.
Single person
If the decedent was unmarried at the time of death, the assets go to the following people, in order:
Children, equally. If a child is deceased but had children, the child's share goes to his or her children equally. If the decedent had three living children and no deceased children, each child would receive one-third of the assets. If there are two living children and one deceased child who had two children, each living child receives one-third and each child of the deceased child receives one-sixth (one-half of the third). In some but not all cases, foster children and stepchildren can inherit from foster parents or stepparents.
If no living children, to the grandchildren equally.
If no children or grandchildren, to great grandchildren, equally.
Decedent's parents equally, or to the surviving parent if one is deceased.
Brothers and sisters equally (half-brothers and sisters are considered the same as full brothers and sisters) with provision that if any brothers or sisters are deceased, their share passes to their children equally.
Grandparents, equally, or to the surviving grandparents if any are deceased.
The descendants of grandparents, such as aunts, uncles and cousins.
The descendants of a predeceased spouse (step-children).
Parents or the surviving parent of a predeceased spouse.
Descendants of the parents of a predeceased spouse, such as brother-in-law, sister-in-law or that person's children.
The next of kin or nearest relative.
The next of kin or nearest relative of a predeceased spouse.
If none of the above, to the State of California.
In addition to the above, there is a special provision in the law that if a single person dies without a living spouse, children or grandchildren, and had previously inherited from a predeceased spouse, what was previously inherited from that spouse goes back to the predeceased spouse's nearest relatives.
The right of inheritance for relatives of a predeceased spouse only occurs when there is real estate involved and the two spouses die within 15 years of each other, or when there is personal property (all assets other than real property), and both spouses die within a five-year period.
Married person
The rights of inheritance for a person who is married at death depends upon the nature of the assets owned. Assets can be community or quasi-community property (acquired during marriage either in or out of California) or separate property (owned before marriage or acquired during marriage by gift or inheritance).
All community property and quasi-community property passes entirely to the surviving spouse.
Any separate property of the decedent is distributed to the surviving spouse or domestic partner and other relatives, depending on the relatives who survive, as follows:
Spouse or domestic partner and children: One-half to spouse or domestic partner and one-half to one child if there is only one child. If there is more than one child, one-third goes to the spouse or domestic partner and two-thirds to the children, in equal shares.
If there are no children or grandchildren (if there is a deceased child, the children of the deceased child take his or her share), then one-half to the spouse and one-half to the decedent's parents equally, or one-half to the surviving parent if one parent is deceased.
If there are no children, grandchildren, or parents of the deceased, then one-half goes to the spouse and one-half to the decedents' brothers and sisters, equally (half-brothers and half-sisters share equally with full brothers and sisters). If there are any deceased brothers or sisters, the children of the deceased brother or sister take that parent's share, equally.
If there are no children, grandchildren, parents, brothers or sisters, nieces or nephews, then all of the separate property passes to the surviving spouse.
Domestic Partner
If an individual dies and is survived by a domestic partner, the domestic partner inherits the same as a surviving spouse when the deceased spouse owned separate property. This would be one-half, one-third, or all of the assets of the deceased partner, depending on whether the deceased partner was survived by children, grandchildren, parents, brothers, and sister, nieces and nephews, or no relative in these categories.
To qualify as a domestic partner, the parties must have completed and filed with the California Secretary of State a "Declaration of Domestic Partnership" and not revoked this prior to death.
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