Simi Valley, CA asked in Estate Planning for California

Q: Nephew-in-law right to inheritance.

Simply put, my wife and I have no children, living parents or living siblings, but has a nephew from my brother and a nephew from her brother. I die intestate, with all assets as joint ownership. My wife becomes the recipient of all the assets. When she passes intestate, based on California probate law, are both the nephews entitled to an equal share of the estate or only the nephew as her blood relative entitled to the entire estate?

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1 Lawyer Answer
Priscilla Ann Madrid
Priscilla Ann Madrid
  • Estate Planning Lawyer
  • Anaheim Hills, CA
  • Licensed in California

A: Under the fact pattern provided your wife's estate would pass to her nephew. If a different result is desired you will need an estate plan to avoid intestate seccession and should consult with an estate planning attorney in your area.

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