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without a will, who's next of kin (California)

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D

DebEllyn

Guest
My daughter's father just died. He was married again but my daughter is his only child. He also is survived by his father and sister. If he did not have a will (and I don't believe he did), who inherits his property? If his wife assumes ownership, what does his daughter have to do to assert her rights, if any?

Thanks for your help.
Deb
 


L

loku

Guest
California intestate succession

What your daughter is entitled to depends on what in the estate was community property. Following is the pertinent California Law:

Cal Probate Code Sec. 6401. (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. (c) As to separate property, the intestate share of the surviving spouse is as follows: (2) One-half of the intestate estate in the following cases: (A) Where the decedent leaves only one child or the issue of one deceased child.
 

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