Legal Question in Family Law in California
Inheritance laws
Does a husband automatically inherit a
wives inheritance such as money left
from a parent due a death while legally
married?
Asked on 7/07/09, 12:32 pm
1 Answer from Attorneys
Colin Greene
Russakow, Greene & Tan, LLP
Re: Inheritance laws
No. First, if there was a trust or will or other death beneficiary designation (like on an insurance policy or retirement account), the property passes according to that instrument. Second, if there is property that doesn't pass according to an instrument, it passes through "intestacy," so see CA Probate Code �� 6401 and 6402. So if the wife died after her parents, potentially, the surviving spouse could receive something, but it depends upon the other surviving heirs.
Answered on 7/07/09, 1:12 pm
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