Legal Question in Administrative Law in California

Re: Childrens Inheritance

Or somewhere in between?

Fairness is always a subjective and elusive concept. Also, to some extent the question as posed carries an implicit assumption that both spouses die simultaneously, which happens on occasion but usually not, so there are timing issues as well.

I would say take a look at your relative economic positions as of 20 years ago when you married, and estimate how much of your current wealth stems from what you had then, and figure on dividing that much on the basis of which child would have inherited that amount had you not married; then take the remaining portion of your estate that is the outgrowth of your earnings and investments while married, and allocate that portion equally among all three.

Other factors to consider:

(1) Relative need of the offspring, considering their own wealth, health, handicaps, income, etc.;

(2) Which have been close rather than distant (emotionally, not necessarily in miles);

(3) Number of grandchildren;

(4) Special situations such as desire for continuity of ownership and operation of a family business, farm, etc.;

(5) Heirs' expressed preferences for certain items of property; and

(6) Gifts you've given or while give while still living which could be considered advances on an expected inheritance.

Finally, I would avoid trying to use the rules of intestate succession to try to come up with an answer; I don't think they produce an acceptable result. The corollary to that is whatever you decide on the allocation issue, be sure to get it reduced to a professionally-done and fully valid instrument such as a will, trust or preferably both, done by a qualified specialist in the field.