Legal Question in Wills and Trusts in California

No Will

Sister-in-Law husband refuses to make a will. Reason does not know what to

do about children.

They have 4 children, 1 retarded receiving State support. 1 in prison.

On his death, he is given 6 months to live, will home and other assets like

checking or savings go to spouse? Or will children be entitled to receive 1/2

of assets. Total value of home & other assets under $100,000.


Asked on 7/19/04, 3:00 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: No Will

If there is no will, then the death will be what is called "intestate". Intestate succession follows the guidelines of the Probate code.

This states that first the estate goes to a surviving spouse, then to issue (children).

Please take a moment to learn a little more about Porbate and intestate succession on our site at www.No-Probate.com.

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Answered on 7/20/04, 2:28 pm


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