Reference no: EM133809425
Question
John Dye died suddenly on June 1, 2023, in a car accident. He is survived by his wife, Linda Loveless, and one adult child, Charles Dye. John and Linda have been married for 20 years. John was an entertainer. John died without a will. On September 1, 2023, Linda visits your office and asks for your help in recovering John's assets. Under the CA probate code 13100, 13050, 13006, 13500 and probate code 6401-6402 can put on the CA Small Estate Affidavit: a home worth $800,000; a joint bank account worth $20,000; John's separate bank account worth $25,000; John's storage unit with furniture, computers worth $5,000 and John's life insurance policy worth $150,000 payable to his estate (since his named beneficiary in that policy, his mom, died before him.
Under 6401, the separate property then one-third goes to Linda and two-thirds go to his son. On the affidavit then when it asks what property is to be transferred should I list the separate property and what amount goes to Linda and what amount goes to Charles and when they ask who is the successor(s) do I list both Linda and Charles?