Legal Question in Wills and Trusts in California

my grandmother died and had 2 children but one of the children is also deceased. who is rightful heir? living child or living child and deceased child's children?


Asked on 5/19/10, 12:00 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It depends. Did she leave a valid will? If the children are disinherited, they are not her heirs. When did her child die, before or after her, and how long? Did the deceased child have children that survived? California recognizes what is known as per stirpes representation, in which the surviving children step into the shoes of their deceased parent to inherit. I would need a lot more factual information to property advise you.

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Answered on 5/24/10, 8:17 am


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