As a married woman,as her sole and separate property has passed. Whom inherits the property .

Question

Her husband that she separated from but no documentation/or her children / daughter in law/grandchildren. With no will or trust.

James L. Arrasmith · Answer

If a married woman in California passes away without a will or trust, and had designated property as her sole and separate property, then under California's intestate succession laws the order of inheritance would typically be: 
 
1. Her surviving husband would have a right to inherit some portion of her separate property. How much depends on whether she has any surviving children or parents: 
   - If no surviving children or parents, the husband inherits 100% of the separate property. 
 
   - If she has surviving children but no parents, the husband would inherit 1/2 of the separate property. 
 
   - If she has surviving parents, the husband would inherit 1/3 of the separate property. 
 
2. If there are any surviving children, they would split the remaining portion of her separate property equally amongst themselves. 
 
3. If there are no surviving children, any remaining separate property would go to her surviving parents. If none, then siblings, etc.  
 
So in summary - the share inherited by husband vs children depends on specifics, but they stand the most in priority to inherit over secondary relatives under California intestacy succession laws. Community property between spouses is treated differently. Consultation with a probate attorney is highly advisable for accurate determination of shares.

Q: As a married woman,as her sole and separate property has passed. Whom inherits the property .