Legal Question in Wills and Trusts in California

Re: Decent and Distribution

With no will, the estate would first go to his parents. If they're not surviving, then to his brothers and sisters. If they're not surviving, then to the "issue" (descendants) of his brothers and sisters. This is for your uncle's separate property--if he was married at the time of his death, the community property would go to his wife and a portion of his separate property would go to her as well.

It sounds like the inheritance would be split evenly between you and your brother's daughter. Your brother's spouse would not be considered.

If the assets are worth more than $100,000, a probate needs to be filed in the county of your uncle's residence. If less, they can be transferred through paperwork outside of the court--an attorney can prepare these papers.

Re: Decent and Distribution

If there is no will and the estate is worth less than $100,000.00 and no real property in the estate worth more than $20,000.00 (still under $100,000.00). There will not be a probate. The heirs may distribute the property. If there is more than that amount in the estate there must be a probate and the executor of the estate can determine who gets what. That is unless you uncle did have a trust. Then look to the beneficiary statement. Then have the successor trustee distribute the money and property in accordance with the trust. If the nephew died after the uncle (he was alive when the uncle died) then his share probably goes to the nephew's widow. If the nephew preceded the uncle to his just rewards the widow gets nothing.

Re: Decent and Distribution

Im not sure how California law works, but I'd be surprised if it did not provide for the estate to be split in 2, with half to you and half to your nephew. Your brother's widow would not inherit.

Re: Decent and Distribution

In California it is distributed per capita, which means if all the surviving issue are of the same degree they take equally.

It should pass to the next of kin (not a wife) and involves consanguinity (blood relationship)between the claimant and the decedent (Uncle).

Re: Decent and Distribution

Under the California intestacy rules, if your uncle left no siblings or parents, then the children of his siblings would take where uncle left no will.

Nephew's spouse does not count, but your brother's adopted child does count.

Assuming that you and your brother's child are the only two issue, you each get 1/2.

Let me know if I can be of further help.

Mina