In the case of a second marriage, how is estate divided among couple’s combined offspring?

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In the case of a second marriage, how is estate divided among couple’s combined offspring?

My husband and I married 6 years ago. We have 5 grown children. If we were to both be deceased, how does probate divide inheritance assuming no Will is in place.

Asked on July 29, 2016 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there is no Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.
Under intestate succession, if there is a surviving spouse, that spouse inherits the entire estate of the decedent.
If there isn't any surviving spouse, the estate is divided equally among the surviving children.  Since you have five children, each child inherits 1/5 of the estate. If there are any children who predeceased the parent and had children (your grandchildren), those grandchildren would inherit the share their deceased parent would have inherited had the deceased parent survived.


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