Legal Question in Wills and Trusts in California
A woman with children marries a man with a lot of real estate. The woman dies first with no will, and then the man dies after his wife also without a will. Are the children and their spouses the lawful heirs? If so, and a son dies with no will, is the surviving spouse a lawful heir?
Asked on 2/20/11, 4:33 pm
2 Answers from Attorneys
Isi Mataele
'Isi Mataele Attorney at Law
it is difficult to say but it goes to the children first (children of issue), then to parents, siblings, grandparents, siblings of parents, etc.
It will depend on various factors. Consult an attorney.
Answered on 2/20/11, 5:56 pm
Anthony Roach
Law Office of Anthony A. Roach
The spouses are never heirs in intestate succession. If a son predeceases, then the issue of that son take in his place, in what is known as per stirpes representation, dividing that predeceased son's share in equal amounts.
Answered on 2/21/11, 10:44 am
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