Legal Question in Wills and Trusts in California

Who does the state of California consider the legal heir of an unmarried woman with no children - her parents or her sibling(s)?


Asked on 8/04/10, 11:48 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

50% to the parents and 50% to the siblings under the law of intestate succession, or as set forth in her will or other estate plan.

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Answered on 8/09/10, 12:17 pm

Mr. Stone is wrong. Probate code secton 6402(b) provides that any share that does not go to a surviving spouse or domestic partner first goes to issue of the decedent, and if there are no surviving issue ("issue" being children or any decendants of children) then it all goes to the parents in equal shares if both survive, or to the surviving parent. Only if both parents are deceased does anything go to siblings (6402(c))

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Answered on 8/09/10, 12:37 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. If parents are surviving, they will inherit under the laws of intestate succession.

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Answered on 8/16/10, 1:17 pm


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