If an aunt passed away without a Will and their spouse was deceased, who inherits the estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an aunt passed away without a Will and their spouse was deceased, who inherits the estate?
Her sister was also deceased; the aunt only had only has nieces and nephews.
Asked on August 13, 2013 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Typically a deceased's separate property goes to their children and surviving spouse, if any. If there are none, then their parents would inherit if they are still living, if not, then their siblings, if any. If neither parents or siblings are alive, then to the children, if any, of thier deceased spouse. If none, then the next of kin would inherit. In your case this appears to be your aunt's nieces and nephews (assuming that her husband left no children); her estate would be distributed in equal shares to them.
Here is the applicable statute covering intestate succession (i.e. inheritance rights when someone dies without a Will) in CA: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414
To get more information as to all of this, you may want to consult directly with a probate attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.