Decedent's Predeceased Spouse Where Decedent Leaves Neither Spouse Nor Issue. (a) If the decedent leaves neither spouse nor issue, and the decedent's estate or any portion thereof was the community property of the decedent and a previously deceased spouse of the decedent, and belonged to or went to the decedent by virtue of its community character on the death of such previously deceased spouse, or came to the decedent from such previously deceased spouse by gift, descent, devise or bequest, or became vested in the decedent on the death of such previously deceased spouse by right of survivorship in a homestead, or in a joint tenancy between such previously deceased spouse and the decedent, or
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was set aside as a probate homestead, such property goes in equal shares to the children of such previously deceased spouse and their descendants by right of representation, and if none, then one-half (2) of such property goes to the parents of the decedent in equal shares, or if either is dead to the survivor, or if both are dead in equal shares to the brothers and sisters of the decedent and their descendants by right of representation, and the other half goes to the parents of such previously deceased spouse in equal shares, or if either is dead to the survivor, or if both are dead, in equal shares to the brothers and sisters of such deceased spouse and to their descendants by right of representation. (b) If any of the property subject to the provisions of subsection (a) of this Section would otherwise escheat to the territory of Guam because there is no relative, including next of kin, of one of the spouses to succeed to such portion of the estate, such property shall be distributed in accordance with the provisions of Section 1309 of this Title. SOURCE: California Probate Code, § 228 (as amended). COMMENT: Section 917 operates as an exception to the general rules governing succession to separate property. It provides that a decedent's separate property which was once community property of the decedent and the decedent's previously deceased spouse goes to individuals other than those set forth in § 911, supra: in essence, such property returns to the family of the previously deceased spouse. Such a distribution scheme seems only fair, in that it has the effect of keeping such Aformer community property@ in the family of the person who originally owned that community property, rather than allowing the deceased spouse's share to go to people who might be total strangers to such deceased spouse.