QUESTION
By law, who is entitled to my brother’s estate?
Asked on Jul 08th, 2015 on Estate Planning - California
More details to this question:
My brother just passed away July 5th. He had no written will that I know of. Family members are already trying to claim his belongings.
6 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California, the laws of intestacy are set out in a statute. The spouse and children divide it. If no wife or issue (e.g., grandchildren), the parents get it. If no parents, then the siblings get it, the issue of a deceased sib splitting that sibling's share.
Answered on Jul 16th, 2015 at 6:29 PM
Edwin K. Niles
1. Wife, if married and it is community property. If separate property, see a lawyer. 2. If no wife, to kids equally. 3. If no kids, to parent. 4 If no wife nor parents, to siblings equally.
Answered on Jul 13th, 2015 at 4:41 PM
2 Awards
Wife if none, children. If none, parents, if none siblings.
Answered on Jul 13th, 2015 at 2:14 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If he was married, all community property goes to his spouse or domestic partner. Separate property would be divided, not equally, between his wife and children, if any. Or if none then to his parents, or if none, then to his siblings (you), with an equal share going to the issue of any predeceased sibling.
Answered on Jul 13th, 2015 at 2:13 PM
Each state has its own laws as to who inherits if there is no Will. You do not tell us which was his state of residence, if he was married, had children, or any relevant information except that he died. How can you expect any intelligent answer?
Answered on Jul 13th, 2015 at 11:41 AM
Wife and children get first dibs but the estate must now go through probate.
Answered on Jul 13th, 2015 at 10:47 AM