Estate Law Questions? Ask an Estate Lawyer.
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Did brother in law pass with a will in place?
Did sister have a will?
Did they own all their assets as community assets or did they have separate property assets in each of their names only?
Ok, if everything they owned was jointly owned, then when husband died, his interest in any property would have automatically transferred to the wife. This would make her the sole owner without having to do anything further. When wife/your sister passed, then everything would be in her estate and would go first to any children, and since there are none, everything would then go up to her parent.
So in this situation, sister's parent would inherit everything and the husband's family would not legally have a claim under CA intestacy laws. (CA Probate Code 6400-6417)
Yes, that refers to jointly owned real estate that would automatically pass to the surviving spouse.. Then you check (d) because it is the next of kin of the decedent (i.e. the parent) who survived her.
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