Q: In California if there is no will and someone dies and there are 4 first cousins and 11 first cousins once removed
How is it distributed? I'm thinking 50% goes to the 1st cousin and 50% goes to the 11 others right?
A:
No, that is not how the estate would be distributed in California if there is no will and the deceased has 4 first cousins and 11 first cousins once removed as heirs. Here is how it works:
California intestate succession laws specify the distribution when someone dies without a will goes as follows:
1. First to any surviving spouse and descendants (children, grandchildren)
2. If none, then to parents, siblings, and descendants of deceased siblings
3. If none, then to grandparents and their descendants (aunts/uncles, first cousins, first cousins once removed, etc.)
In this situation, the first cousins would take the entire estate, splitting it in 4 equal parts among themselves. The “first cousins once removed” (the children of the deceased person's cousins) do not inherit anything in this scenario.
The inheritance goes to those in the closest degree of relationship first when there is no will. First cousins are narrower in relation than first cousins once removed, so they inherit the estate to the exclusion of the more distant relatives.
Consulting a California probate attorney is wise to guide administration of the cousin’s estate without a will and ensure proper distribution according to intestacy laws. But first cousins clearly have priority over first cousins once removed.
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