Full question:
My husband was a successful real estate agent for a quarter of a century in San Francisco. We were married for 28 years. He passed away last week due to a severe heart attack. We have two children from the marriage. All of our property is marital property. Because he was into the real estate dealings, I assumed that he would have had a will made by his attorney. On inquiry with the family attorney, I was told that my husband never made a will. How will this impact the division of his property? Do our children get a share of it?
- Category: Wills and Estates
- Subcategory: Community Property
- Date:
- State: California
Answer:
In California, if a person dies without a will, they are considered to have died "intestate." The state's intestate succession laws will determine who inherits the estate. California is a community property state, meaning that property acquired during marriage is generally owned equally by both spouses.
According to California Probate Code § 6401, the surviving spouse typically inherits all community property. In this case, since all property is marital property, you will inherit your husband's share of the community property. The children do not receive a share of the community property since it is not classified as separate property.
For separate property, the distribution rules vary based on the surviving relatives. However, in your situation, since there is no separate property mentioned, the children will not inherit anything from their father's estate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.