Legal Question in Wills and Trusts in California

Re: Heirs when there is not a will.

Children are first in line, if there is no spouse. You will need to know if the assets are community property or separate property, if there is a spouse, and also children.

Re: Heirs when there is not a will.

By what is called intestate succession, after the last parent to pass away, the assets all of the real and personal property generally are divided between all of the than living children. If one child is died, their share will go to their children. If we are talking about multiple families, with children from previous marriages it becomes more complicated. I am sure you can contact in the state attorney in your area dealing in probate law who can tell you specifically based upon your fax situation to whom property is supposed to go and legally what your supposed to do based upon the size of the estate and the nature of the assets. I've been practicing probate law in the state of California in the San Francisco Bay Area for 30 years. If you wish I will be more than happy to consult with you initially regarding your problem. I am at 925 -- 945 -- 6000.

Re: Heirs when there is not a will.

Spouse is #1, along with children.

Re: Heirs when there is not a will.

Well, if there are children and a spouse, both receive a portion of the estate. The percentage depends on how many children and whether there is only community property, only separate property or most likely a combination of both. If there is no spouse, then the children take. If a child has passed away, likely the child's children would take his or her share. It gets a little complicated. Even without a will, you need to go to probate court and I would recommend hiring an attorney (who would be paid out of the estate).

If you need help in the area of probating an estate or more legal advice, feel free to contact me, I would be happy to assist you.

Re: Heirs when there is not a will.

The property goes by intestate succession. If there is a spouse, the separate property goes to the spouse and children. The amount each receives depends on the number of children. If there are any predeceased children, the child's share goes to his or her children in equal shares.

If there is a spouse, the rules are different for community and quasi-community property.

Attorney's fees are paid by the estate.

If would like a free consultation and case evaluation, please e-mail me with contact information or call me at (818) 991-6664.

Good luck and thank you for your inquiry.

Re: Heirs when there is not a will.

If the parent is married, the community property goes to the surviving spouse, and the separate property is divided among the spouse and the person's children (1/2 to the child if one child, 2/3 to the children if more than one child).

If property is held in joint tenancy, the surviving joint tenants receive it, and if the property has beneficiary designations (life insurance and retirement plans, for example), any beneficiaries listed receive it.