Legal Question in Wills and Trusts in California

From nolo.com: http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html

In Intestate Succession in California: with a spouse and children surviving spouse inherits all of your community property and 1/2 or 1/3 of your separate property children inherit 1/2 or 2/3 of your separate property

When is it 1/2 and when is it 1/3 of the separate property?


Asked on 5/18/15, 3:21 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

If there is one child, 1/2 of SP to child and 1/2 to the spouse.

If two or more children, 2/3 divided between the children, 1/2 to the spouse

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Answered on 5/18/15, 3:23 pm
William Christian Rodi Pollock

Agreed. See Probate Code Section 6401

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Answered on 5/18/15, 3:28 pm


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