I Am Broke

Empty Pockets2We just buried mama Nadia last month, but she died intestate. We live in California so our state laws regarding funerals may differ from yours. Here is what I found…

If you die with:

here’s what happens:

children but no spouse, parents, or siblings

·children inherit everything

Children’s Shares in California

If you die without a will in California, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)

For children to inherit from you under the laws of intestacy, the state of California must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.

  • Children born during your marriage. Any child born to your wife or registered domestic partner during your marriage or partnership is assumed to be your child and will receive a share of your estate.
  • Grandchildren. Your grandchildren will receive a share only if their parent (your child) has died before you do.

· In case you want to read the law, Cal. Prob. Code §§ 6450–6455 covers parent-child relationships.

· This can be a tricky area of the law, so if have questions about your relationship to your parent or child, get help from an experienced attorney.

Other California Intestate Succession Rules

Here are a few other things to know about California intestacy laws.

  • Survivorship period. To inherit under California’s intestate succession statutes, a person must outlive you by 120 hours. So if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property.
  • Half-relatives. “Half” relatives inherit as if they were “whole.” That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common.
  • Posthumous relatives. Relatives conceived before–but born after–you die inherit as if they had been born while you were alive.
  • Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States.
  • Slayer rule. Someone who “feloniously and intentionally” kills you will not receive a share of your property. (California Probate Code §§ 250.)

BTW This is a work of fiction only partially based on facts. Also I am not a lawyer and this is not advice! Smile