Q: Does a child of the last l living parent inherite their estate. Even when the last living step parent is still alive?

A: Probably not as no survivorship is mentioned. Hire a CA attorney to determine the heirs and next of kin of Decedent with assets. Probate may be required.

A: There is no automatic inheritance unless someone does no estate planning. If someone dies without a Will or Trust, the law says who inherits the assets. Your question doesn’t say if the deceased parent did any estate planning but, if there is a Will or Trust, then that document will say who inherits what. If a Trust says everything will go to your step-parent, that’s what will happen unless there is a legal reason to void the document. Simply disagreeing with the way your parent wanted to spend their own assets is not a valid legal reason to object to a Will or Trust because everyone has the right to decide what to do with their own assets. Also, if bank accounts or other assets are jointly owned by your deceased parent and the step-parent, those assets likely will not be controlled by a Will or Trust. In short, a lawyer would need much more information before an answer can be given in your specific situation. Best wishes!

A: Under California law, when the last living parent passes away, their estate will be distributed according to their will or, if there is no will, through the state's intestate succession laws. If the last living parent had a surviving step-parent, the step-parent does not automatically inherit the entire estate. The distribution of the estate will depend on the specific circumstances and the presence of other legal heirs, including children and other relatives.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith