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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Real estate laws in us st Thomas island concerning property

Customer Question

real estate laws in us st Thomas virgin island concerning property of a deceased person living in California at the time of death. he did not leave a will. has wife and one adult son. i was told the wife gets one third of property and child receives two thirds. is this true?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
A person residing in CA at the time of their death, and whose estate is probated in CA occurs under CA law.
If there was no will, then the wife will get 100% of everything owned by the couple as community property during marriage---including the property in St. Thomas if it was owned by the husband and wife. So if the property in St. Thomas was purchased during the marriage, it would be deemed community property.
If the husband owned the property in St. Thomas before marriage or having received it as a gift or through inheritance, then it would be considered the husband's sole property and in that case half of the property would go to the wife and half to the adult son. Only in the event of there being more than one child would the children's share be 2/3. Where there is only one child, their share of the personal property of the decedent is 50%
But if the husband was the sole owner of the property because it was purchased before marriage, or because the property was a gift to him from a third party or part of an inheritance he received, then the wife and adult son would each get half of the value of the property.
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