California  |  Wills and Trusts

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10/02/09, 5:09 pm

Legal Question


If a husband or wife dies without a will in the state of California does the surviving spouse inherit every thing?


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10/02/09, 6:27 pm

Legal Answer


All community property, and 1/3 to 1/2 of the separate property.

Chris Johnson

Christopher B. Johnson, Attorney at Law 790 East Colorado Boulevard, Ninth Floor Pasadena, CA 91101

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10/03/09, 2:03 pm

Legal Answer


This depends upon whether the decedent's estate consists of community property or separate property and whether or not any assets were held in joint tenancy with the surviving spouse or some other person(s).

Donald Field

Donald L. Field, Jr., Attorney at Law 400 Montgomery Street, 6th Floor San Francisco, CA 94104-1217

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