Sunday, May 18, 2014

Facts: Decedent died intestate in California, leaving a spouse, no children and 2 (divorced) parents. Decedent's father died several months ...

Question

Facts: Decedent died intestate in California, leaving a spouse, no children and 2 (divorced) parents. Decedent's father died several months after decedent's death, but before distribution. Decedent's father also died intestate, in the state of Nebraska. Question: Does the now dead father's 1/4 share of separate property pass according to the intestacy rules of California or of Nebraska? They have different rules.



Answer

Since the Decedent died before his father, the personal representative of D's estate would distribute his share to D's father's estate, and the father's personal representative would distribute that 1/4 to the intestate heirs of D's father. I believe that they would be determined by Nebraska law.



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