Legal Question in Wills and Trusts in California
ere'' Law of Intestate Succession
Is it current California Law regarding Intestate Succession that if a married person with two natural children and one adopted child dies ''Intestate'' one third of any ''real property'' would become the ''separate'' property of the surviving spouse and two thirds would be divided equally among the three children; furthur, if the surviving spouse, 20 years later dies ''Intestate'', that spouse's one-third ''real property'' passes to her adopted child SEPARATELY and that adopted child along WITH the two natural children ALSO receives a one-third share in the remaining two-thirds?
1 Answer from Attorneys
Re: Law of Intestate Succession
The surviving spouse receives the deceased spouse's community property. The deceased spouse's separate property passes 1/3 to surviving spouse and 2/3 to the surviving two or more children (natural or adopted) of the deceased spouse.
The surviving spouse's property would pass to his or her children alone. You may be thinking of the Probate Code rule which gives the first-to-die spouse's portion back to his/her children after the second-to-die spouse's death, but ONLY if the second-to-die spouse dies without spouse or issue surviving and dies within 15 years of the first-to-die spouse's death.
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