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Originally posted by Spanky
A friend of mine's mother just died and she had no will. She had a spouse and two kids. Anyone know how the intestate succession works for this?
I was also told that in California that gits certificates are not allowed to have expiration dates, and if they do they are void. Is that true?
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1. The decedent's community property goes to the surviving spouse, who may have to file a spousal property petition to establish ownership.
2. The decedent's separate property is distributed as follows:
a. The surviving spouse receives all of the separate property if the decedent is not survived by issue, parents, brothers, sisters, or children of a deceased brother or sister.
b. The surviving spouse receives one-half of the separate property if the decedent had only one child, or issue of a deceased child.
c. The surviving spouse receives one-half of the separate property if the decedent left no issue, but left parent(s) or their issue.
d. The surviving spouse receives only one-third of the separate property if the decedent left more than one child.
e. The surviving spouse receives only one-third of the separate property if the decedent left one child and the issue of one or more deceased children.
f. The surviving spouse receives only one-third of the separate property if the decedent left the issue of two or more deceased children.
2 - the gift certificate is not void, it just doesn't expire in the state of California. If there is a retailer in California they have to honor the GC regardless of the expiration date.
I'm pretty sure. But you get what you pay for and free advice is free advice. So no guarantees given.