CALIFORNIA FAMILY LAW
...Death of a Spouse
......Probate/Inheritance Rights
.........Intestate Succession
10 Cards On This Topic:
  • Intestate succession rules.
  • Intestate estate not passing to surviving spouse.
  • Prob. Code §6452 does not bar illegitimate H's half siblings from sharing in his estate where father acknowledged paternity and paid support for 18 years.
  • Although unfair that F should reap financial windfall after death of son he never even saw, probate court may not, on principles of equity, disinherit natural parent who abandons child who later dies intestate.
  • F's admitting paternity, though grudgingly, on a number of occasions to a number of people, both orally and in writing, satisfied burden imposed by Prob.C 6453 (b)(2).
  • Children adopted away by stepparent may inherit from natural father where his estate lapsed; antilapse statute did not apply because spouse is not "kindred."
  • Summary of Law: Surviving spouse's rights if decedent fails to make new will after marriage.
  • Foster child can't succeed by intestate succession to foster parent's estate without legal barrier to adoption continuing until death.
  • Spouse who obtained judgment of legal separation did not qualify as surviving spouse for purposes of intestate succession.
  • Undivorced bigamous spouse, by false stmts on new marriage application and 38-yr. course of conduct, estopped from asserting inheritance rights as surviving spouse of intestate first wife.