Legal Question in Wills and Trusts in California

The estate will be distributed according to the laws of intestate succession in the State in which they passed. It will also be determined by who died first and how far in advance of the second death. For example, at the first death, the community property goes to the surviving spouse and then the separate property is divided between the surviving spouse and the children of the decedent - the shares depend on the number of children. Then at the second death, that person is deemed to not have a spouse and therefore, the children are next in line to receive. So, without knowing specifics, it is difficult to provide specific answers. Just know that there are specifc laws and Codes that govern this situation.