Legal Question in Wills and Trusts in California
Aunt Died with no Will
My Aunt was never married and had no children. She has two living siblings and two deceased siblings. One of the desceased siblings has four children, the other had no children. There was no will. Are the children of the deceased sibling entitled to a share of the estate?
2 Answers from Attorneys
Re: Aunt Died with no Will
I'm not a probate expert, but my reading of the Probate Code says that the estate will be divided in equal shares by total number of siblings, living and dead, and the deceased sibling's share shall be divided among that sibling's children. This assumes that your aunt's parents are no longer alive.
Re: Aunt Died with no Will
Yes, the kids of the pre-deceased sibling would inherit their parent's share. If you have any other questions please contact us as we do a substantial amount of probate work in Northern California. Our website is www.norcalprobate.com
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