What are a child’s rights when a parent dies intestate?

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What are a child’s rights when a parent dies intestate?

My father recently died and my sister and I are descendants. We live in different states. His wife has Alzheimer’s and was unable to settle his estate so her grandson took is taking it upon himself to do that. My dad left him specific instructions to give his daughters money and we have asked for a keepsake. My nephew has refused to honor my dads final wishes. What can we do?

Asked on July 31, 2015 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Without a Will, an estate is distributed according to the "intestacy" or "succession" laws of the state in which the deceased was domiciled as of the date of their death.

Typically, the distribution is 1/2-1/3 to the surving spouse, if any, and the remainder to be equally divided among the heirs. However, in CA, since it is a community property state, things are somewhat more complicated and beyond the scope of this service. You can contact the applicable probate court or a probate attorney for further information.


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