Legal Question in Wills and Trusts in California

Facts: Decedent died intestate in California, leaving a spouse, no children and 2 (divorced) parents. Decedent's father died several months after decedent's death, but before distribution. Decedent's father also died intestate, in the state of Nebraska. Question: Does the now dead father's 1/4 share of separate property pass according to the intestacy rules of California or of Nebraska? They have different rules.


Asked on 11/17/14, 3:07 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

Since the Decedent died before his father, the personal representative of D's estate would distribute his share to D's father's estate, and the father's personal representative would distribute that 1/4 to the intestate heirs of D's father. I believe that they would be determined by Nebraska law.

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Answered on 11/17/14, 3:16 pm


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