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Srzapp

California intestate succession

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My single brother with no kids died intestate. I've read how parents are next succession split equally. In the case where there is only one parent alive, succession goes 50% to the parent and 50% is split between siblings. I've also read where the parent takes all. Can someone please explain. Thank u for your time.

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6402. Except as provided in Section 6402.5, the part of the

intestate estate not passing to the surviving spouse, under Section

6401, or the entire intestate estate if there is no surviving spouse,

passes as follows:

(a) To the issue of the decedent, the issue taking equally if they

are all of the same degree of kinship to the decedent, but if of

unequal degree those of more remote degree take in the manner

provided in Section 240.

(b ) If there is no surviving issue, to the decedent's parent or

parents equally.

...

 

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Srzapp,

 

Your baseline assumption are correct.  The statute may be a little difficult to understand. Take a look at the following:

 

What Happens if You Die Without a Will

 

Though California has not adopt the UPC referenced in the article, they have a provision with the outcome, so the explanation is still sound.

 

The FindLaw.com

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My single brother with no kids died intestate. I've read how parents are next succession split equally. In the case where there is only one parent alive, succession goes 50% to the parent and 50% is split between siblings. I've also read where the parent takes all. Can someone please explain.

 

It's really quite simple.

 

"[T]he entire intestate estate if there is no surviving spouse,

passes as follows:

   . . .

   (B) If there is no surviving issue, to the decedent's parent or

parents equally."  Cal. Probate Code section 6402.

 

It not split between the parent and siblings and I'd be curious to know where you read otherwise.

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I agree with Pg 1067, as quoted.  You may have been misinformed. Consult a local lawyer. The information presented herein is for general purposes only. It is not intended to, and may not be construed as, rendering legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax & Estate Planning Attorney, CPA (California).

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