Q: Married couple both die intestate within a year, and the estate is a house owned in joint tenancy, whose heirs inherit?
The estate is in California. The couple have been married over 15 years. The couple had no children. The wife, who died first almost a year earlier, has living siblings. The husband, who died second, has living cousins. Who would get the house? Obviously, the husband would if still alive, but since he died intestate as well almost a year later, is the house subject to section 6402(a) & (f), and thus divided 50/50 between both spouses' heirs, or did the house pass to the husband by operation of joint tenancy, and upon his death, solely to his heirs?
A: Sounds like a case where 1/2 will go back to wife's family since death within 15 years and surviving spouse didn't have surviving spouse or issue. I believe it depends on how closely related the cousins are. Read probate code 6402 and 6402.5 very closely.
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