Legal Question in Wills and Trusts in California
Mr.George H. Shers: Sir thank you for answering my question posted 2/17/11 @ 9:38 pm. With your ans: you stated that the following was unclear. My question was that spouse A dies teatate leaving everthing to spouse B and A's only child. Spouse A has a deceased 1/2 relative leaving a 1/2 blood neice to spouse A. Child of spouse A & B dies, then spouse B dies. Neice (of deceased spouse A who died testate) now files claim to 1/2 of the real estate property owned by spouse A & B before their deaths as well as before the death of their only child. She claims entitlement on behalf of her deceased relative to spouse A. Is the neice's claim valid, or are the heirs of now deceased spouse B to inheirt the entire estate?
Spouse A clearly specified in the Will that no one coming froth to claim entitlement to any part of the estate as heirs would be allowed to make such claim as the claim would be denied per the deceased's wishes as so stated in the will. I hope I've explained more clearly as before I was affraid I'd not receive an answer, for this I apologize.
1 Answer from Attorneys
I have attached the applicable Probate Code sections 6400-02. What it means is that when the child dies her entire estate goes to the mother. When the mother dies her estate goes to her blood relatives. The daughter of the husband's sister is not a blood relative of the wife so would not be entitled to anything. She should be asked, in writing, to supply the legal rationale for her being entitled to anything; if she has an attorney the question should be posed to the attorney. Based upon the facts you supply, the niece should not be entitled to anything.
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