Legal Question in Wills and Trusts in California

The mother is alive and has 5 children.

4 children and married and have children.

1 child is not married and has no children or heirs.

If that child pre-deceases his mother, where does that child's 1/5 inheritance go?


Asked on 2/19/13, 9:08 am

3 Answers from Attorneys

Scott Jordan Jordan Law Office

Assuming you mean the unmarried child pre-deceases his/her mother, the 1/5 inheritance would be divided equally among the remaining living children.

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Answered on 2/19/13, 9:14 am
Michele Cusack Pollak & Cusack

Unless the mother's will or trust says something different.

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Answered on 2/19/13, 9:32 am
Anthony Roach Law Office of Anthony A. Roach

Living people don't have heirs.

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Answered on 2/19/13, 10:47 am


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