This statute only applies if you die with no descendants and no new spouse; applies to all three types of property

  • attaches to all property you acquired form the predeceased spouse
  • for real property only go back 15 years (if spouse died within last 15 years of other spouse's death)
  • for personal property go back 5 years (if spouse died within last 5 years of other spouse's death).
  • only applies if in total there is $10,000 or more remaining
Separate distribution scheme under this statute (6402.5):
  1. descendants of the predeceased spouse (your stepchildren)
  2. if no stepchildren, to parents of pre-deceased spouse
  3. if no parents, to descendants of predeceased spouse (such as brother in law)
  4. to the decedent's next of kin
  5. more distant relatives of the predeceased spouse

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