California intestate succession?

Question

My mother died without a will in California. She had a husband and three children (I’m one of the three children.) Her only assets were an inheritance she received after she was married. (Her husband and three children are all alive.) 
 
How will the assets be distributed?

Bill Sweeney · Answer

If your mother did not ''transmute" ownership to husband as community property or others jointly and held the inheritance in her name as separate property her separate property is distributed as follows: 
 
The surviving spouse receives all of the separate property if the decedent is not survived by issue, parents, brothers, sisters, or children of a deceased brother or sister. 
The surviving spouse receives one-half of the separate property if the decedent had only one child, or issue of a deceased child. 
The surviving spouse receives one-half of the separate property if the decedent left no issue, but left parent(s) or their issue. 
The surviving spouse receives only one-third of the separate property if the decedent left more than one child. 
The surviving spouse receives only one-third of the separate property if the decedent left one child and the issue of one or more deceased children. 
The surviving spouse receives only one-third of the separate property if the decedent left the issue of two or more deceased children.

Bruce Adrian Last · Answer

Los Angeles: 
 
Thank you for such a clear question. 
 
When a married person receives an inheritance, the inheritance is the recipient's separate property. The separate property of a married person who dies without will but has more than one child is distributed 1/3 to the surviving spouse. The remaining 2/3eds is distributed to the decedent's children in equal shares, with the issues (decedents) of a pre-deceased child taking that child's share. (How the actual distribution to a pre-deceased child's issues is divided is a bit too complicated to set out in this forum.) 
 
This, of course, assumes that the deceased spouse did not transmute (lawyer talk for "change") the character of separate property into community property. And, just to let you know, if the decedent spouse uses the inheritance to buy another asset (like a house or a car) that asset remains the decedent spouse's separate property. (Property may change form, like cash to real property, but will not change character, separate to community or visa versa, absent an effective transmutation.) 
 
Issues regarding characterization of marital property and its distribution following death can get complicated quickly, and are dependent on the facts of the individual case. I suggest that you talk with a lawyer in more detail about you matter and how to preserve your rights. If you cannot do not know an attorney and are uncertain where to start, you may wish to contact your local county bar association. Most local county bar associations operate attorney referral programs, where for a nominal fee or free you receive a consultation with a qualified attorney.  (In my home county, $35.00 gets you a 30 minute consultation.) 
 
All the best and Happy Holidays!

Q: California intestate succession?