Legal Question in Wills and Trusts in California

if my brother, who was living on our nephew's property dies, and it is not known if there is a will, what are my legal rights to his personal possessions both on and off the nephew's property?


Asked on 7/28/14, 3:55 pm

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

If your brother died without a will, then his estate passes to his children and spouse, if any. If there are no children, then the spouse, if any, gets all community property and half of the separate property.

If there is no children and no spouse, then his parents inherit everything. If the parents are deceased, then the estate passes to the brothers and sisters, with the living descendants of any dead brothers or sisters taking their parent's share.

However, in practice, the family usually divides up the personal possessions themselves. If there's a dispute, then it becomes tricky, because the legal fees in resolving such a dispute in most cases rapidly surpass the value of the possessions the family is fighting over.

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Answered on 7/29/14, 9:26 am


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