This form is a Uniform Statutory Form of Power of Attorney for California for property, finances and other powers you specify. It also provides that it can be durable.
California Probate Code Section 13051 and 13006 are two important statutes that outline specific rules and procedures within the California probate system. Let's take a closer look at what each section entails and explore any potential sub-sections or variations. California Probate Code Section 13051: California Probate Code Section 13051 deals with the distribution of a decedent's estate when they have no surviving spouse, but have surviving children or grandchildren. This section establishes the rules for the order in which the estate will be distributed among these surviving family members. Under Section 13051, the distribution process starts with the children of the decedent. If any child has passed away before the decedent, their share will be distributed to their surviving children, the grandchildren of the decedent. This means that the grandchildren step into the shoes of their deceased parent and are entitled to their parent's share. If the decedent leaves no surviving children or grandchildren, Section 13051 then looks to the decedent's parents. If both parents are alive, they will be entitled to the entire estate equally. If only one parent is alive, they will receive the entire estate. However, if both parents have passed away, the estate will be distributed equally among the decedent's siblings or, if any sibling is deceased, to their surviving children. Additionally, there may be sub-sections or variations within Section 13051 depending on specific circumstances such as the existence of half-siblings, adoption, or other unique family situations. It is essential to consult the specific language of the code and seek legal advice if any complexities arise. California Probate Code Section 13006: California Probate Code Section 13006 pertains to the distribution of a decedent's estate when they pass away without a valid will or trust. This code section determines the order of priority for distributing the assets among the decedent's surviving family members. Section 13006 defines the line of succession, starting with the decedent's spouse, followed by the decedent's children or grandchildren. If the decedent has no surviving spouse, children, or grandchildren, the estate will then pass to the decedent's parents. If neither parent is alive, the assets will be distributed among the decedent's siblings or, if any sibling is deceased, to their surviving children. It's worth noting that Section 13006 also accounts for stepchildren, foster children, and other legally recognized relationships. In certain cases, specific legal requirements or documentation may need to be met to establish an individual's rights to inherit under this section. In conclusion, California Probate Code Section 13051 focuses on the distribution of a decedent's estate when there is no surviving spouse, while Probate Code Section 13006 outlines the order of priority for distributing assets when a valid will or trust is absent. Understanding these sections and any potential variations is crucial when dealing with the probate process in California.
