The Guide To Intestate Succession in California RMO Lawyers

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Intestate succession refers to the process under California inheritance laws that details what happens to a person’s estate assets when that person dies without a last will and testament. California’s inheritance laws are straightforward and dictate how a loved one’s estate assets will be distributed after they pass without a will. • FULL ARTICLE: https://rmolawyers.com/intestate-succ... • Unlike a last will and testament or trust, which can be challenged or contested, California’s intestate succession laws cannot. That being said, if you have a claim against an estate separate and apart from what you may receive under the California inheritance laws, you may pursue that to try and recover your claim in addition to what you might receive under the intestate succession laws. You would be best-served to retain a probate litigation attorney to advise you as to what your rights and best course of action are. • What is the definition and meaning of intestate succession? -- Intestate succession specifically refers to the order in which spouses, children, siblings, parents, cousins, great-aunts/uncles, second cousins twice removed, etc. are entitled to inherit from a family member when no will or trust exists. For example, in California, if a married individual passes away without a will, their community property – i.e. assets acquired during the marriage that belong to the marital estate, such as earnings, income, etc. – will be distributed to their surviving spouse. If the individual also has separate property, one-half of that separate property will be distributed to the surviving spouse if the couple has only one child, with the child entitled to the other half of the separate property. The surviving spouse will get one-third of the separate property if the couple have two or more children, with the children getting the other two-thirds. • What are typical intestate succession problems? -- At RMO Lawyers, we see most problems and conflicts occurring between the biological children of the decedent, and a step-parent, i.e., when the decedent was married more than once. In these situations, emotions often dictate, especially early on, after your loved one has just passed. Many times the children have difficulty accepting that the new spouse, their step-parent, should be entitled to anything, especially where there was friction between them and the step-parent, or the marriage was new. As you can imagine, a variety of familial situations and relationships can cause create difficult emotional conditions that need to be addressed. • The Laws of Intestate Succession for Heirs and Beneficiaries according to California Probate Code 6400-6455 -- The State of California has clear intestate succession guidelines and processes for property distribution to a decedent’s spouse, children, siblings, and living parents. Here are the basics: • 1. If the decedent created no will or trust and was married with no children: All assets are distributed to their surviving spouse. • 2. If the decedent created no will or trust and was not married but has children: All assets are distributed to the decedent’s children. • 3. If there is more than one child, then assets are shared equally amongst the living children. If a child predeceased the decedent, that child’s children will take that child’s share. • 4. If the decedent created no will or trust and was married with children: Decedent’s community property assets are distributed to the surviving spouse. Decedent’s separate property is distributed to the surviving spouse and the children, one-half to each if only child and one-third to the surviving spouse and two-thirds to the children if more than one child. • 5. If the decedent created no will or trust and has no spouse or children: All assets go to the decedent’s kin or heirs based the closest relationship, e.g. first parents, then siblings, then cousins, etc.. • 6. If the decedent created no will or trust and has no heirs or kin: All assets escheat to the state. • If this seems a bit complicated to understand that’s because it is, just give us a call and let us know your situation. We’re happy to answer your questions, and the consultation is free: (424) 320-9444 • Have questions? At RMO, we protect people like you everyday. • Learn more at: https://rmolawyers.com/services/proba... • Call (424) 320-9444 or email [email protected] • • Connect With RMO Lawyers: • / rmo-rahn-muntz-o'grady-llp • / rmolawyers • / probateandtrustlitigators • About RMO Lawyers: • RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas. • Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation

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