How does intestate succession work when there are multiple children?
In California, when an individual dies without a will, the intestate succession law gives their estate to heirs in a predetermined order. If the deceased had multiple children, the children share the estate equally. This means they each get an equal portion of the estate. If one of the deceased’s children has already passed away, their portion of the estate will usually be split up amongst their children (the deceased’s grandchildren). In some cases, if there are no surviving descendants the deceased’s siblings will inherit the estate instead. In order for the estate to be distributed amongst the deceased’s children, the court must first appoint an administrator. This individual will be responsible for ensuring that the estate is divided up in a fair and orderly manner. The administrator will also be responsible for collecting assets, paying debts, and filing any necessary taxes. If any of the deceased’s children dispute the distribution of the estate, they can file a Petition for Distribution with the court. This Petition may be used to change the distribution of the estate and to ensure that the deceased’s children receive their fair share. In California, intestate succession is a complex and multi-faceted process. It is important to seek experienced legal counsel in order to navigate the state’s intestate succession laws and ensure that the deceased’s wishes are carried out in accordance with the law.
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