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How will property be divided for someone that passes away with no will in the state of California?
My wife just passed away and did not have a will. We have a son that is under 18. She has a vehicle in her own name, bank accounts, and some 401k. How will this property be divided under California laws?
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Answers (1)
California Probate Code sections 6400 through 6414 govern the distribution of the property of an individual who dies “intestate” – i.e., without a will. The rules governing the distribution of an intestate’s property are dependent upon a variety of variables, including but not limited to the relationship and number of the deceased’s survivors – i.e., parent(s), child(ren), spouse, former spouse(s), sibling(s); whether the deceased was married, single or divorced at the time of death; and whether the property to be distributed was community property obtained during a marriage or the separate property of the deceased.
A qualified California probate and/or wills and trusts attorney can help you delve further into the relevant facts affecting the distribution at issue, and advise you regarding your and the other survivor’s legal rights and remedies, if any.
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Posted by Jamilla Moore on 21 Jan 2010
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