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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):
- descendants of the predeceased spouse (your stepchildren)
- if no stepchildren, to parents of pre-deceased spouse
- if no parents, to descendants of predeceased spouse (such as brother in law)
- to the decedent's next of kin
- more distant relatives of the predeceased spouse
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