Q: My brother died10 months before his wife, no kids. He did not have separate property. Would we inherit 6402.5 anything?
I'm asking if our side of the family would inherit anything based on CA Probate Code 6402.5 . Assuming he had no separate property at the time of his death. All the cash accounts were funded by his disability income but it was deposited into joint account and paid joint bills.
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A:
In this situation, California Probate Code Section 6402.5 applies to the distribution of community property if your brother had no separate property and no children. Since he passed before his wife, ownership of any jointly held community property typically transferred to her upon his death.
After his wife passed away, her estate would be distributed according to her will, if she had one. If she did not have a will, California intestate laws determine who inherits, prioritizing her relatives, not your side of the family.
If the property was truly community property with no separate assets, her family members would inherit according to California law. Therefore, unless her estate plan included you, your side of the family likely would not inherit anything in this case.
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