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SOLUTION
TO PUZZLE USING CALIFORNIA LAW
Winston
left no spouse/DP, parent, brother, sister, nephew or niece, so his Estate
goes to his grandparents (or their
descendants) according to Probate statute 240 the property is divided
into as many equal shares as there are living members of the nearest
generation of issue living and deceased members of that generation who
leave issue when living.
Winston's
nearest living relative
is his Aunt Susie. He has a first cousin which means that an aunt
or an uncle on his father's side is deceased.
|
MATERNAL GRANDPARENTS |
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PATERNAL GRANDPARENTS
|
|
 |
|
|
 |
| WINSTON'S
MOTHER (deceased)
|
AUNT
SUSIE |
|
WINSTON’S
FATHER (deceased) |
AUNT
(OR UNCLE) (deceased) |
|
 |
|
|
 |
|
Ramona & Abigail |
|
ELVIS
(WINSTON’S
FIRST COUSIN) |
|
|
|
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The property is divided into two equal shares.
One for Aunt Susie and one for the deceased Aunt or Uncle on the
father's side. The share for the deceased Aunt or Uncle goes to
Cousin Elvis.
TO SUMMARIZE
Aunt Susie is the daughter of Winston's maternal
grandmother. She is a descendant of Winston's grandparents and she
gets the $50,000. Because Aunt Susie is alive, her children
inherit nothing.
Elvis is Winston's first cousin on the father's
side. He is the son of Winston's paternal aunt or uncle and a
descendant of Winston's paternal grandparents. Because Elvis'
grandparents, and parents are deceased, Elvis inherits the other
$50,000.
ANSWER: Aunt Susie gets $50,000 and Elvis gets
$50,000. |