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.

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Answered on 7/07/09, 1:12 pm


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