In the absence of a will, what are rights of a step-child in California?
Full Question:
My mom and stepdad were married for about 12 years. I also have a step brother who is about my age from my stepdad’s first marriage. They were into technology development and promotion, and have launched many startups companies in San Francisco. They made a substantial amount of money and acquired a large number of properties all across California. They both were involved in a fatal car accident and neither survived. Neither of them had a will. What am I legally entitled to receive from the property owned by mom and stepdad, being my mother’s sole heir?
11/23/2016 |
Category: Wills and Estates |
State: California |
#27108
Answer:
“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.
***.”
Furthermore, Cal Prob Code § 6406 states that step children shall be treated just as own biological children for the purpose of intestate division of property. It reads:
“Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood.”
(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.
***.”
Furthermore, Cal Prob Code § 6406 states that step children shall be treated just as own biological children for the purpose of intestate division of property. It reads:
“Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood.”
Therefore in California, when both spouses are deceased, the children inherit their property in equal proportion per clause (a) of the Cal Prob Code § 6402. It also includes step-children who are given the status equal to biological children per the Cal Prob Code § 6406.
