Legal Question in Wills and Trusts in California

My first cousin died intestate. My father and his mother were siblings. Am I in line to inherit from his estate?


Asked on 3/13/14, 6:14 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

possibly, if he had no living spouse, children or more remote descendants, siblings or sibling's descendants.

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Answered on 3/13/14, 8:40 pm

There is no way to tell without knowing your family tree. Unlike a will where things are frequently divided up among relatives, intestate succession in California goes almost entirely to one or two categories of relatives entirely. If there are a wife and kids living, the wife gets all the community property and the wife and kids split the rest according to a formula based on how many kids there are. If the kids have died but they had kids they step into their parents shoes. If there is no living wife the kids get it all. If the deceaed was never married, no kids, the deceased's parents are next in line. If they are dead, the deceased's siblings share it all unless they are dead. If the siblings are dead but had kids they get it. So the only way you get a piece is if your cousin had no living wife, no kids or grandkids, no sibilings or they're dead and left no children, your grandparents are dead and so is your father.

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Answered on 3/13/14, 10:21 pm


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