Posted by JHyre in Ohio on April 14, 2003 at 17:14:22:
The state will have laws that determine what happens if someone dies “intestate” (without a will). Normally, spouse is first in line for everything.
John Hyre
RE Inheritance - Posted by Duke(CA)
Posted by Duke(CA) on April 14, 2003 at 12:14:44:
My father has two free and clear homes that he has owned for over 40 years and are in his name only. He has a second wife but chose not to have her added to the Deeds when they married 20 years ago. He does not have a will so when he dies who gets these homes, assuming his wife is still alive at the time?
Re: RE Inheritance - Posted by John Merchant
Posted by John Merchant on April 14, 2003 at 23:13:52:
Two or three specific CA issues to be checked: First, CA is a community property state, which means spousal rights in most any property your Dad’s owned, unless he’s really taken great pains to keep that RE his “separate” RE, under CA law.
Second, CA, like all states, has some certain statutes regarding “intestate descent and distribution” spelling out what happens if Dad were to die with no will.
I realize it’s not always easy to talk to a parent about this issue, but you’d be doing everybody a favor if you could get his attention and help him see the benefits of his having a will of HIS choice…not the state of CA’s!