Legal Question in Wills and Trusts in California
my biologic aunt recently passed away in california. she is survived by her husband of over 50 years, my dad(her brother), my uncle's nephew and me. I know ca has law that says my uncle receives her entire estate. my question is: when he passes, does his nephew get the estate being his only biologic relative?
3 Answers from Attorneys
It depends on whether your uncle leaves a will or trust when he passes. If he does not have a will or trust when he dies, yes, it is likely the nephew will inherit everything by right of succession.
Mr. Jordan is right. When one spouse dies without a will and without children, everything passes to the surviving spouse. When the surviving spouse then passes, if they also have not will or trust, everything is distributed by the laws of intestate succession within the surviving spouse's blood family only.
Living people have no heirs. You are engaging in a charming game of "speculation."
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