Legal Question in Wills and Trusts in California
spouse died testate leaving estate to surviving spouse and child who both died intestate. first spouse died testate had a relative also deceased leaving a child claming 1/2 of the real estate property on the behalf on the deceased parent; is this neice entitled or does the heirs of the last spouse dying intestate inheir the entire estate?
1 Answer from Attorneys
Iif I understand yuou correctly, spouse A dies with a Will leaving everything to spouse B and child of A and B. If spouse B then dies, all assets are to child. When that child dies, the assets pass onto the child's relatives [you do not say if their are any relatives aside from B's sister child]. If the child dies first, then spouse B, then the sister of B, then B has all the assets which would then go to her relatives, which might only be her sister, and then from the deceased sister to her child, the niece.