What the hell??!? (blah, blah of a wannabe alien)
Random Email #24
Here’s an email I just got…
Please provide the LINE OF SUCCESSION to real property of a deceased who died without leaving a Will. Two sons – one deceased; one living.
I’m not really sure why anyone would mistake me for an estate lawyer, but uhm… apparently word is out that I moonlight as legal counsel. 
I would guess the deceased son probably isn’t really high up on the line of succession… but that’s just a guess.
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about 5 years ago
Oh yes that deceased son is on the succession list….
Notwithstanding any wills/living trusts to the contrary, a typical line of succession from the father would be that the estate is divided up amongst all offspring. Should one son be already dead, that son’s share would typically pass to his estate and be divided up amongst that son’s heirs instead. So for example if said deceased son had a wife, that daughter-in-law would be enitled to that sons share.
However state and local laws on this subject may differ, but having had to do this myself not too long ago I’m fresh on the laws of the state of California. Tho IANAL so act appropriately, and most importantly if this is an issue, do consult an attorney.