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    redscarf's Avatar
    redscarf Posts: 1, Reputation: 1
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    #1

    Oct 10, 2010, 11:55 AM
    Death with no will
    My son and wife live in California. No children. His wife is not a citizen. She has an English passort and green card. They have no will. If they both died, what would happen to his and her assests?
    I keep telling him to get a will. I need this info to convince him to do so.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 10, 2010, 12:24 PM
    Quote Originally Posted by redscarf View Post
    My son and wife live in California. No children. His wife is not a citizen. She has an English passort and green card. They have no will. If they both died, what would happen to his and her assests?
    I keep telling him to get a will. I need this info to convince him to do so.
    If they are domiciled in California, the intestacy statute of that state would apply. The property would go to the persons described in that statute.

    For example, if your son were to die, half of their non-community property would go to his widow, and the balance to his parents, it appears. If, on the other hand, she were to die first, the same scheme would apply, except that half would go to her parents.

    Some details are here.
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