By law, who is entitled to my brother’s estate? 8 Answers as of July 20, 2015

My brother just passed away July 5th. He had no written will that I know of. Family members are already trying to claim his belongings.

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WFB Legal Consulting, Inc.
WFB Legal Consulting, Inc. | William F. Bernard
The estate will pass by way of the law of intestate succession if no will or trust was created.
Answer Applies to: California
Replied: 7/20/2015
LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
In California, the laws of intestacy are set out in a statute. The spouse and children divide it. If no wife or issue (e.g., grandchildren), the parents get it. If no parents, then the siblings get it, the issue of a deceased sib splitting that sibling's share.
Answer Applies to: California
Replied: 7/16/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
1. Wife, if married and it is community property. If separate property, see a lawyer. 2. If no wife, to kids equally. 3. If no kids, to parent. 4 If no wife nor parents, to siblings equally.
Answer Applies to: California
Replied: 7/13/2015
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Was your brother married? Did he have any children? A spouse and/or children would be his heirs. If no spouse or children, are his parents alive? If so, they would be his heirs. If not, then his siblings (brothers and sisters) are his heirs. See Probate Code Section 6400 which details Intestate Succession.
Answer Applies to: California
Replied: 7/13/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
If he was married, all community property goes to his spouse or domestic partner. Separate property would be divided, not equally, between his wife and children, if any. Or if none then to his parents, or if none, then to his siblings (you), with an equal share going to the issue of any predeceased sibling.
Answer Applies to: California
Replied: 7/13/2015
    James Law Group
    James Law Group | Christine James
    Wife if none, children. If none, parents, if none siblings.
    Answer Applies to: California
    Replied: 7/13/2015
    Law Offices of George H. Shers | George H. Shers
    Each state has its own laws as to who inherits if there is no Will. You do not tell us which was his state of residence, if he was married, had children, or any relevant information except that he died. How can you expect any intelligent answer?
    Answer Applies to: California
    Replied: 7/13/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Wife and children get first dibs but the estate must now go through probate.
    Answer Applies to: California
    Replied: 7/13/2015
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