In CA when property is divided at a parents death, are the children of a deceased sibling entitled to their parents share? No will or if there is one it is equal division between her 6 living kids.

Quote:

---

Originally Posted by caddeg68

In CA when property is divided at a parents death, are the children of a deceased sibling entitled to their parents share? No will or if there is one it is equal division between her 6 living kids.

---

I think that's how it works, yes. But post the question on a board with probate and estate planning questions. This is family law- totally different.

Actually, we do deal with questions of Wills under Family Law.

If there is a will, the terms of the will govern. If there is no will, then the laws of inheritance for the state govern.

If the will specifies a bequest to someone who predeceased the testator, then the bequest goes to the heir's estate and should be divided according to the way the original estate was divided.

Quote:

---

Originally Posted by ScottGem

Actually, we do deal with questions of Wills under Family Law.

If there is a will, the terms of the will govern. If there is no will, then the laws of inheritance for the state govern.

If the will specifies a bequest to someone who predeceased the testator, then the bequest goes to the heir's estate and should be divided according to the way the original estate was divided.

---

Oh, I haven't seen too many probate questions on the family law board. Probate and family law are two completely different fields of practice in California and recognized as two distinct legal specialties. There's obviously some overlap, but the two are very different areas of law.