Legal Question in Wills and Trusts in California

I need some clarification on intestate heirs, please. In an intestate estate, the decedent was never married, never had children, did not have siblings and both parents had predeceased. Is it proper then, that 50% of the estate be divided among paternal issue of grandparents and 50% among issue of maternal grandparents? Paternal heirs are 1st cousins once and twice removed. Maternal heirs are 1st cousins. Do maternal first cousins trump the paternal 1st cousins once and twice removed?

Thanks in advance for your expertise.


Asked on 1/31/11, 6:49 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

What is the status of the deceased grandparents?

If no issue, parents, spouse, or sibling exist, the property passes to the decedent's granparents equally or to the issue of grandparents if there is no surviving grandparent, with the issue taking by representation as provided in Probate Code section 240 if of unequal degree. (Prob. Code, sect. 6402.)

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Answered on 2/09/11, 12:40 pm


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