No, that's not right.

That statute only covers the case when the descendant dies intestate. If he did have a valid will, the estate should be distributed according to the will. The exception I mentioned in my previous post is called elective share, which I believe exists in most of the state, if not all. Of course, if the son does not submit the will to challenge the distribution, your friend will be fine. However, if there is any illegality in the probate, there can be a potential issue. Your friend needs to consult a local estate lawyer. If everything you told me here is what has happened and the son still has the will, I somehow find it very very unsettled.

所有跟帖： 

• 非常感谢！illegality in the probate一般指什么呢？ -sac- ♀ (0 bytes) () 07/18/2011 postreply 14:24:19

• The probate was not done -CyberCat- ♂ (207 bytes) () 07/19/2011 postreply 07:18:43

• 回复：well, any will involving community property needs both signat -有感而发- ♂ (162 bytes) () 07/18/2011 postreply 17:51:36

• The will would NOT be void or voidable -CyberCat- ♂ (150 bytes) () 07/19/2011 postreply 07:22:27

• 现在基本清楚了。再次感谢！！ -sac- ♀ (0 bytes) () 07/19/2011 postreply 12:40:43