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Who gets what when someone passes in california with out a will?

Chatsworth, CA |

Ok so here it goes.... My grandmother (fathers mother) recently passed away last month and my sister and I have handling everything so far. She has 3 properties and a lot of different financial assists such as iras, 401ks bank accounts and stocks etc... We are currently in the process of getting everything together to file probate as she passed without having a living will and trust. Her spouse passed away more than 5 years ago and her only child passed away in June of this year. My sister and I would be of the next of kin however I have been reading different reviews about this. My grandmothers mother was still alive at 102 but passed away 2 days ago (12 days after my grandmother) (yes I have lost 3 generations of my family in less than 5 months) my grandmother does have 2 living brothers

Attorney Answers 3


There intestate succession if found in the Probate Code 6402. It goes to issue, parents, then issue of the parents... As a grandchild you are considered issue and would be first in line... If her child had children there is a right if representation... Probate is complicated enough you should hire a probate attorney work through this for you to make sure this is done correctly

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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I am sorry for all of your recent losses. Attorney Green has provided you with a solid answer. Assuming your grandmother did not have a will, it appears that you and your sister are first in line as heirs. Please retain an experienced estate administration lawyer to provide assistance. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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2 lawyers agree


Mr. Green and Mr. Pankowski are both correct. Hire a probate lawyer. Good luck!

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