This document discusses inheritance rules for various types of family relationships under California probate law. It addresses inheritance rights for relatives of half blood, unborn relatives, and relatives connected to the decedent through two lines of relationship. Relatives of half blood inherit the same as whole blood, with some exceptions regarding ancestral property. Unborn relatives conceived before but born after the decedent's death are treated as alive at death for inheritance purposes. A person related through two lines, such as a child and grandchild, receives only one share, based on the closer relationship.
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This document discusses inheritance rules for various types of family relationships under California probate law. It addresses inheritance rights for relatives of half blood, unborn relatives, and relatives connected to the decedent through two lines of relationship. Relatives of half blood inherit the same as whole blood, with some exceptions regarding ancestral property. Unborn relatives conceived before but born after the decedent's death are treated as alive at death for inheritance purposes. A person related through two lines, such as a child and grandchild, receives only one share, based on the closer relationship.
This document discusses inheritance rules for various types of family relationships under California probate law. It addresses inheritance rights for relatives of half blood, unborn relatives, and relatives connected to the decedent through two lines of relationship. Relatives of half blood inherit the same as whole blood, with some exceptions regarding ancestral property. Unborn relatives conceived before but born after the decedent's death are treated as alive at death for inheritance purposes. A person related through two lines, such as a child and grandchild, receives only one share, based on the closer relationship.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
This document discusses inheritance rules for various types of family relationships under California probate law. It addresses inheritance rights for relatives of half blood, unborn relatives, and relatives connected to the decedent through two lines of relationship. Relatives of half blood inherit the same as whole blood, with some exceptions regarding ancestral property. Unborn relatives conceived before but born after the decedent's death are treated as alive at death for inheritance purposes. A person related through two lines, such as a child and grandchild, receives only one share, based on the closer relationship.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
General Assumption. Family is functional, therefore, statute runs smoothly.
Get married, have kids, etc. However, if not, statute will take care of any situation. Questions to ask. 1. What is it? Ie., half-blood? 2. Why is it an issue? What is the problem if they decedent dies intestate. 3. How does CPC deal/handle this issue? What rule is given to resolve this issue? 4. What are other choices?
Modern Family Terms.
Half bloods – two people share one parent but After-born not the other. A=B (have C and D – are collaterals of “whole blood”) B (affair) E (have F – is a collateral with C and D but of Half blood). Adoption Two-line relations Non-Marital Fosters and Steps. Frozen Sperm and Eggs
§ 6406. Relatives of Half-blood.
Except as provided in Section 6451, relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
History. No longer used.
Ancestral Property. Relatives of half and whole blood all inherit the same. EXCEPT if the property she obtained came from same ancestor of a whole blood. Way to keep property within a certain family... so a half blood would not inherit something from someone they were not related to.
§6407. Unborn relatives of decedent.
Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent. Example. Wife has baby after husband dies. For intestacy inheriting purposes – two conditions 1. Conceived during lifetime 2. Born after death. = treat that person as having been alive when the decedent died. ONLY applies to relatives not children. Potential Problems. No knowledge/scienter requirement. Decedent does not know the child was conceived.
§6413. Relation through two lines of relationships, single share.
A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share. Example. X has A and B. A has C and dies (A). X adopts C. Does C become a child or grandchild or both?