When someone passes away, a significant emotional toll is left for their friends and family. Unfortunately, people sometimes pass away without a will or trust in place, which compounds this emotional turmoil. Per California probate law, when this happens, the state subjects estates to intestate succession. This is a complex process that can be rife with inheritance disputes. Here is what to know about it:
What is Intestate Succession in California?
Under California probate law, intestate succession occurs when someone dies without leaving behind a valid will or trust.
When someone passes away without setting up a will or a trust, their estate enters “intestacy.” Intestate succession governs who receives assets from the deceased person’s estate. We refer to the family members who receive these assets as heirs.
Determining who is entitled to receive part of the estate depends on the heirs’ relation to the deceased person. Heirs usually must be the deceased individual’s next of kin. Intestate succession determines who is next in kin and, as a result, next in line to inherit.
Every state has unique intestacy laws. Understanding what applies to your situation and navigating this complicated process requires the help of a premier probate lawyer.
What Property Does Not Pass Through Intestate Succession in California?
When determining intestate succession order per California probate law, you must first know what property passes through this process.
Not all property is subject to intestate distribution. Typically, property that you can categorize as probate property is subject to intestate. Types of property not considered probate property and do not pass through intestate include:
- Property held in a living trust
- Life insurance proceeds with designated beneficiaries
- Retirement account funds with designated beneficiaries
- Payable on death bank accounts
- Property the decedent owned in joint tenancy with the right to survivorship
- Securities and vehicles held in transfer-on-death accounts
What is the Intestate Succession Order in California?
By California probate law, relatives inherit property and assets based on how closely related they are to the decedent during intestate succession.
If the deceased was married with:
- No children, the spouse inherits everything.
- One child or grandchild, the spouse inherits all community property and half the separate property, and the child or grandchild inherits the rest.
- Two or more children, the spouse inherits all community property and one-third of the separate property, with the children inheriting the rest.
If the deceased was unmarried with:
- Children, the children inherit everything.
- Living parents and no children, the parents inherit everything.
- Siblings but no children or living parents, the siblings inherit everything.
- Living grandparents but no spouse, children, or siblings, the surviving grandparents inherit everything.
Furthermore, if the decedent has no surviving spouse, great-grandchildren, children, parents, siblings, grandparents, aunts, uncles, nieces, nephews, or cousins, the property passes on to the state.
Still, this is just scratching the surface. We advise contacting a preeminent probate attorney to determine your legal recourse in your circumstances.
Other Rules for Intestate Succession in California
When trying to determine intestate succession according to California probate law, several rules play a significant role. Key rules and regulations to be aware of include:
- The survivorship period: Survivors and heirs must outlive the decedent by 120 hours to be eligible for their inheritance.
- Half-relative rules: “Half” relatives are treated as “whole” relatives.
- Posthumous relative rules: Relatives conceived before a decedent’s death stand to inherit as if they were born while they were still alive.
- Immigration regulations: A person’s status as a legal U.S. resident or citizen has no impact on inheritance rights.
- Advancement rules: Gifts given to relatives by a decedent during their lifetime do not deduct from their inheritance.
- Slayer rules: Someone who killed the decedent with intent cannot receive any share of their estate per the California probate code.
Contact a Probate Lawyer for Premier Counsel When Navigating Intestate Succession Order in California
Intestacy law is incredibly complex. Navigating this aspect of California probate law and determining who stands to inherit from an estate under these conditions is impossible without the extensive expertise and experience of a probate attorney. Moreover, when the decedent has multiple children and step-children and has been married several times, emotions and tensions are often high, further complicating matters.
Fortunately, at Gokal Law Group, we boast unequaled experience and expertise to ensure you understand precisely who is legally entitled to an inheritance and your legal recourse in an inheritance dispute. Contact us for a consultation.
California trust beneficiary rights are a vital legal tool that empowers beneficiaries to protect their inheritance, preserve the integrity of the trust, and combat incompetent, negligent, or criminal trustees. Still, understanding if you need a beneficiary lawyer to represent you requires first understanding these rights. In other words, you must know the rules before you play the game. Explore our guide to beneficiary rights:
What Are My California Trust Beneficiary Rights?
Determining whether or not you need to work with a premier beneficiary rights lawyer requires understanding your rights.
“Only an expert beneficiary lawyer has the experience in probate and California trust beneficiary rights to interpret the complex legal language in the document, which dictates whether or not a trustee has violated these rights,” explained Abbas K. Gokal, a partner and practicing attorney at Gokal Law Group with 20 years of experience defending beneficiary rights in Orange County courts.
Let’s dive into your rights as a trust beneficiary in California to help you understand if you need to work with a beneficiary rights attorney:
The Right to Receive a Copy of the Trust
You have a right to get a copy of the trust with all current amendments. This document will be like your guiding star throughout the process. Read the document carefully to familiarize yourself with the details. We advise going over it with an expert beneficiary lawyer.
This document will outline the administration and distribution process. Still, trustees are only obligated to notify you they have become trustees. Beneficiaries often must request a copy of this document. Important information in the document usually includes:
- Assets held in the trust
- Real estate asset information
- Bank account information
- Information about any heirlooms
- Contact information for specific parties named in the trust
If a trustee refuses to give you a copy of this document, this is a severe red flag that warrants contacting a California trust beneficiary rights lawyer.
The Right to Receive Accountings and Information About the Trust
Generally speaking, California law states that beneficiaries have a right to information and accounting regarding the trust.
More specifically, beneficiaries have a right to information regarding all changes made to the trust promptly, and they have a right to know the plan to administer and distribute the estate.
California trust beneficiary rights also include a right to a trust accounting at least annually (or when beneficiaries make a formal request). An accounting is a detailed report of all transactions and liabilities a trust has experienced within a specific period.
Beneficiaries also have the right to a reasonable report of assets, liabilities, income, bank statements, receipts, and disbursements.
The Right to Enforce the Terms of the Trust
As a beneficiary, remember that the trustee must adhere to trust terms. If you know or suspect they are not abiding by trust terms, working with a California trust beneficiary rights lawyer is essential to ensuring you receive the distributions you are entitled to.
The trust document will dictate how distributions will work. Beneficiaries have a right to the timely distribution of payments as specified in the document. If a trustee does not adhere to trust terms, you can work with a beneficiary lawyer to enforce them.
The Right to Sue Trustees and Contest the Trust
Lastly, but most importantly, you have the right to combat invalid trusts or negligent, incapable, or underhanded trustees for breaching their fiduciary duty.
If you suspect trust terms may not be legitimate or legal, beneficiaries have the right to work with a beneficiary attorney to contest the trust in court. On top of that, trustees have a legal obligation to fulfill their fiduciary duties.
If a trustee fails to fulfill these duties, beneficiaries have the right to work with a California trust beneficiary rights lawyer to pursue legal action against them.
Has a Trustee Violated Your California Trust Beneficiary Rights? Work With a Premier Beneficiary Lawyer to Receive Justice
Beneficiaries have rights that protect and empower them during the trust administration process. Still, to understand if your rights have been violated and leverage them, you must understand what your rights are and what the trust outlines. At Gokal Law Group, we are the premier California trust beneficiary rights attorneys.
Our team boasts unmatched expertise and experience representing beneficiaries, interpreting trust documents, and empowering them to demand and receive justice. To protect your rights, call us at (949) 753-9100 or contact us. Trust us to guard your trust.
When someone passes away, a significant emotional toll is left for their friends and family. Unfortunately, people sometimes pass away without a will or trust in place, which compounds this emotional turmoil. Per California probate law, when this happens, the state subjects estates to intestate succession. This is a complex process that can be rife with inheritance disputes.
Here is what to know about it:
What is Intestate Succession in California?
Under California probate law, intestate succession occurs when someone dies without leaving behind a valid will or trust.
When someone passes away without setting up a will or a trust, their estate enters “intestacy.” Intestate succession governs who receives assets from the deceased person’s estate. We refer to the family members who receive these assets as heirs.
Determining who is entitled to receive part of the estate depends on the heirs’ relation to the deceased person. Heirs usually must be the deceased individual’s next of kin. Intestate succession determines who is next in kin and, as a result, next in line to inherit.
Every state has unique intestacy laws. Understanding what applies to your situation and navigating this complicated process requires the help of a premier probate lawyer.
What Property Does Not Pass Through Intestate Succession in California?
When determining intestate succession order per California probate law, you must first know what property passes through this process.
Not all property is subject to intestate distribution. Typically, property that you can categorize as probate property is subject to intestate. Types of property not considered probate property and do not pass through intestate include:
- Property held in a living trust
- Life insurance proceeds with designated beneficiaries
- Retirement account funds with designated beneficiaries
- Payable on death bank accounts
- Property the decedent owned in joint tenancy with the right to survivorship
- Securities and vehicles held in transfer-on-death accounts
What is the Intestate Succession Order in California?
By California probate law, relatives inherit property and assets based on how closely related they are to the decedent during intestate succession.
If the deceased was married with:
- No children, the spouse inherits everything.
- One child or grandchild, the spouse inherits all community property and half the separate property, and the child or grandchild inherits the rest.
- Two or more children, the spouse inherits all community property and one-third of the separate property, with the children inheriting the rest.
If the deceased was unmarried with:
- Children, the children inherit everything.
- Living parents and no children, the parents inherit everything.
- Siblings but no children or living parents, the siblings inherit everything.
- Living grandparents but no spouse, children, or siblings, the surviving grandparents inherit everything.
Furthermore, if the decedent has no surviving spouse, great-grandchildren, children, parents, siblings, grandparents, aunts, uncles, nieces, nephews, or cousins, the property passes on to the state.
Still, this is just scratching the surface. We advise contacting a preeminent probate attorney to determine your legal recourse in your circumstances.
Other Rules for Intestate Succession in California
When trying to determine intestate succession according to California probate law, several rules play a significant role. Key rules and regulations to be aware of include:
- The survivorship period: Survivors and heirs must outlive the decedent by 120 hours to be eligible for their inheritance.
- Half-relative rules: “Half” relatives are treated as “whole” relatives.
- Posthumous relative rules: Relatives conceived before a decedent’s death stand to inherit as if they were born while they were still alive.
- Immigration regulations: A person’s status as a legal U.S. resident or citizen has no impact on inheritance rights.
- Advancement rules: Gifts given to relatives by a decedent during their lifetime do not deduct from their inheritance.
- Slayer rules: Someone who killed the decedent with intent cannot receive any share of their estate per the California probate code.
Contact a Probate Lawyer for Premier Counsel When Navigating Intestate Succession Order in California
Intestacy law is incredibly complex. Navigating this aspect of California probate law and determining who stands to inherit from an estate under these conditions is impossible without the extensive expertise and experience of a probate attorney. Moreover, when the decedent has multiple children and step-children and has been married several times, emotions and tensions are often high, further complicating matters.