You are on page 1of 2

NUCLEAR DEFAULT FAMILY.

General Assumption. Family is functional, therefore, statute runs smoothly.


Get married, have kids, etc.
However, if not, statute will take care of any situation.
Questions to ask.
1. What is it?
Ie., half-blood?
2. Why is it an issue?
What is the problem if they decedent dies intestate.
3. How does CPC deal/handle this issue?
What rule is given to resolve this issue?
4. What are other choices?

Modern Family Terms.


Half bloods – two people share one parent but After-born
not the other.
A=B (have C and D – are collaterals of “whole
blood”)
B (affair) E (have F – is a collateral with C and
D but of Half blood).
Adoption Two-line relations
Non-Marital Fosters and Steps.
Frozen Sperm and Eggs

§ 6406. Relatives of Half-blood.


Except as provided in Section 6451, relatives of the half blood inherit the same share they
would inherit if they were of the whole blood.

History. No longer used.


Ancestral Property. Relatives of half and whole blood all inherit the same. EXCEPT if the
property she obtained came from same ancestor of a whole blood.
Way to keep property within a certain family... so a half blood would not inherit
something from someone they were not related to.

§6407. Unborn relatives of decedent.


Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if
they had been born in the lifetime of the decedent.
Example. Wife has baby after husband dies.
For intestacy inheriting purposes – two conditions
1. Conceived during lifetime
2. Born after death.
= treat that person as having been alive when the decedent died.
ONLY applies to relatives not children.
Potential Problems.
No knowledge/scienter requirement. Decedent does not know the child was conceived.

§6413. Relation through two lines of relationships, single share.


A person who is related to the decedent through two lines of relationship is entitled to only a
single share based on the relationship which would entitle the person to the larger share.
Example. X has A and B. A has C and dies (A). X adopts C. Does C become a child or
grandchild or both?

You might also like