What are the laws if any regarding first born inheritance if there is no will outlining
I'm trying to be a good friend and mediate the situation is it true that there are laws protecting first born inheritance such as in the case of a home, car, etc?
4 attorney answers
You need to look at the title to the house and other information.
If community property, mom gets it. It may be community property even if only in dad's name if purchased using wages earned during the marriage.
If Joint tenancy, the other Joint tent gets it.
IF separate property, Mom gets 1/3 and kids split 2/3.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
It should be rather cut and dried, legally speaking. It does, however, depend on some other details. Most important is how the house is already Titled - just in Dad's name? Or in mother's name too? If more than one person's name is on the Title, then the exact wording makes a difference in that if, for example, mother's name is on the Title as well with any sort of right of survivorship, then it all goes to her. If only Dad's name is on the Title, then it depends upon whether he had a valid Will. If so, it should specify where the house goes, subject to his wife at the time of his death not being cut out of her legal share. If there is no Will, then State law will specify who gets what. IF Dad and mother were married at the time of his death, and IF all children were both of theirs children, then normally everything goes to Mom. If any of the children were only Dad's child and not also Mom's, then normally part goes to the child and part to Mom. All in all, while it can get somewhat complicated, it is straight forward and a single visit with an attorney should be able to answer all your questions, once the attorney knows all the details and facts. As for the first born having any priority over other children - that went out the window several hundred years ago. Unless there is a valid Will specifying otherwise, all are treated as a group and are treated equally within that group. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
The state will be governed by the laws of intestate succession. Probate Code Section 6402 states in relevant part “if there is no surviving spouse or domestic partner, passes as follows:
(a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent.
Thus the children take equally and it is irrelevant which is younger or older. A probate will be necessary either way. There really is nothing to moderate in the matter.
There is no such thing as first born inheritance in California. Who inherits the house depends largely on how the house is vested (i.e., whose name is on the title to the house). Assuming the father and mother were still married, it's likely she will inherit at least a partial interest in the house. If the spouse is deceased or the parties were no longer married, the father's property would be divided evenly between his children. You can find the rules of intestate succession in the Probate Code, or consult an attorney with experience in probate law.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.