Legal Question in Wills and Trusts in California
Death without will
Our Friend passed away yesterday - married for over 10 days, but nothing is in his name, home, bank accounts or any assets, but has a brother, who has rights to any of her assets?
1 Answer from Attorneys
Re: Death without will
Please accept my condolences on your friend's death. The answer to your question depends on whether the property was "community" or "separate". There are some technicalities, but in general, community property is anything acquired during marriage unless it was a gift, inheritance, or from a personal injury.
If it was community property, then the surviving spouse receives it all (he'll need to file a "community property petition" with the Court).
If it was separate property, then the surviving spouse receives 50% and the brother receives 50% (if more than one sibling, the siblings share that 50%).
If the property was not in a trust, then the estate will need to be probated. The husband has "first right" to be named as the executor (technically, the "administrator" if there wasn't a will).
Please let me know if I can be of any assistance.
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