Legal Question in Wills and Trusts in California
Intestate and Heirs
My uncle died intestate and his estate is currently in probate (about $350,000). He was not married, had no children, and both parents are dead. His closest relative is a full sister. If there are other distant relatives (i.e. half nieces, half grand-nephews, etc.), are they entitled to any of his estate OR because his sister is his closest relative is she entitled to all of his estate? My understanding of the hierarchy is spouse, child, parent, sibling and so on. Please advise. Thank you.
2 Answers from Attorneys
Re: Intestate and Heirs
Your understanding is correct, except that if your uncle had any brothers or sisters who died before he did, the children of those brothers or sisters would take the deceased sibling's share.
Re: Intestate and Heirs
If his surviving sister is his only sibling. It would appear that she'll get the entire estate. If there are other sblings that predeceased him. Their children should get their parents' part of the estate.
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