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)?
3 Answers from Attorneys
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.
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))
I agree with Mr. McCormick. If parents are surviving, they will inherit under the laws of intestate succession.
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Where can I find the statutes on last will and testaments? Asked 8/02/10, 12:33 pm in United States California Probate, Trusts, Wills & Estates