Are there any restrictions on who can receive assets from an intestate estate?

Yes, there are restrictions on who can receive assets from an intestate estate in California. Intestate succession law is the set of regulations that determine who receives a deceased person’s assets when that person dies without a will. Generally, the current spouse will receive the lion’s share of the assets, followed by any children. Stepchildren, parents, siblings, nieces and nephews, and distant relatives may also receive something. Under California intestate succession law, if a person dies without a will, their assets typically pass to the surviving spouse, or if there is no surviving spouse then to their children. If there are no children, then the deceased’s assets may pass to the parents, siblings, nieces or nephews, or other more distant relatives. However, it is possible to have assets excluded from intestate succession laws. Gifts, insurance benefits, inheritance from another person’s estate, trusts, or jointly-owned property cannot be passed under intestate succession and are instead passed directly to the named beneficiary. Additionally, a non-relative may be considered a creditor if they loaned the deceased money, and must be repaid from the estate. Finally, stepchildren are often not eligible for assets from an intestate estate, unless other family members are also living. It is important to note that intestate succession laws vary from state to state, so it is important to consult with an estate planning attorney in California before making any assumptions about inheritance rights.

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Are there any restrictions on who can receive assets from an intestate estate?

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