Intestate Succession
Someone who passes away without a will is called “intestate.” The California Probate Code provides rules for those who die intestate wherein the decedent’s property passes to his or her heirs. There are different rules that apply, depending on who is the next of kin.
Common Law Suicide
In Common Law, which is the law of England that was brought to the original colonies and later incorporated into state law, an intestate person who committed suicide falls under different rules than other intestate decedents. If a person committed suicide to avoid serving a punishment for a felony, the heirs got no property from the decedent; instead, the property would “escheat,” or go to the government. If a person committed suicide because of pain or just had no will to live, the real property (land and all that is attached) would pass to the heirs, while personal property (property other than land) would escheat to the government.
Community Property v. Separate Property
The California Probate Code distinguishes between community property and separate property. Community property is property accumulated after the marriage. It belongs to the “community,” which is both the husband and wife. This is applicable even if one spouse was a homemaker while the other spouse worked long hours at a corporate job.
Considering drafting a will? Setting up a trust? Speak with a Hayward Bay Area Estate Planning lawyer who is knowledgeable and experienced in wills and trusts. Speak with the Hayward estate planning attorney of Melanie Tavare.
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