If my deceased cousin had a live in care taker that was also her SSI payee, is her payee/caretaker entitled to her belongings and bank account funds?
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If my deceased cousin had a live in care taker that was also her SSI payee, is her payee/caretaker entitled to her belongings and bank account funds?
She leaves 3 living children and several grandchildren.
Asked on April 14, 2014 under Estate Planning, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Sorry to hear about your cousin.
The caregiver is not entitled to anything unless there is a Will leaving her the items you mentioned.
If your cousin died without a Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, if your cousin had a surviving spouse, that spouse receives your cousin's entire estate. If there wasn't any surviving spouse, the estate is divided equally among the surviving children. If there is a deceased child who had children (your cousin's grandchildren), those grandchildren would receive the share of the estate their deceased parent would have received had the deceased parent survived.
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