How will CA probate code 6402.5 be applied if brother and sister in law both died intestate less than 2 years apart?

Question

My brother died in Los Angeles County Sept 19, 2020.  His wife died in Los Angeles County on Sept 13, 2022.  Both were intestate & had no children.  I am my brothers closest living relative and his wife's closest living relatives are her cousins. 
Since my brother predeceased his wife by less than 2 years, shouldn’t his separate property consisting of a car & some financial accounts with a combined value over $10,000 be awarded to me as his next of kin? Will the proceeds from the sale of the community property be divided with 50% awarded to her heirs & 50% being awarded to me? 
There is also an issue of a classic car he owned prior to his marriage being sold by the administrator after I told her I wanted it.  An inventory has not been completed & I was not notified prior to sale.  Can I recover it? 
My brother had in his possession other family heirloom items I want to retain as well as my brother’s musical instruments & recordings for my family.  What happens with his music royalties?

James L. Arrasmith · Answer

Under CA probate code 6402.5, if a spouse dies within 120 hours (5 days) after the other, they are deemed to have predeceased the other for the purpose of intestate succession. As they died more than 120 hours apart, your brother's separate property would have transferred to his spouse upon his death and then to her heirs upon her death. Community property is typically divided equally between the surviving spouse and the heirs of the deceased, but since both parties are deceased, the community property would be divided among their respective heirs. 
 
Regarding the classic car and other items, if they were sold without your consent, you may have a claim against the estate or the administrator. Consult a local attorney familiar with estate disputes to explore this further. 
 
As for the music royalties, these would typically pass according to the intestacy laws. As your brother's closest living relative, you may be entitled to these, but an attorney would need to review the specifics of the situation. 
 
James L. Arrasmith 
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

Q: How will CA probate code 6402.5 be applied if brother and sister in law both died intestate less than 2 years apart?