What are the rights of a surviving widow if their husband did not have a Will?.

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What are the rights of a surviving widow if their husband did not have a Will?.

His was the only name on the property deed. Also, he was the father of 2 adult sons, what are their rights?

Asked on October 10, 2017 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". This means that the laws of the state in whichthey were domiciled at the tie of theor death will control the distribution of their estate. In CA, the surviving spouse inherits all of the deceased spouse's share of community property and 1/2 or 1/3 of their separate property. The children of the deceased inherit 1/2 or 2/3 of their dead parent's separate property.

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

Answered 3 years ago | Contributor

When someone dies without a Will, they are said to have died "intestate". This means that the laws of the state in whichthey were domiciled at the tie of theor death will control the distribution of their estate. In CA, the surviving spouse inherits all of the deceased spouse's share of community property and 1/2 or 1/3 of their separate property. The children of the deceased inherit 1/2 or 2/3 of their dead parent's separate property.


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