Legal Question in Elder Law in California

As executor where will has provisions that are obsolete; such as, funds are designated for education of a minor child where child is now 50 years old and has indicated no desire to obtain additional education. Does this provision create a problem in closing out the estate?


Asked on 2/28/15, 6:07 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

Possibly - it really depends on the terms of the will, as most testamentary trusts drafted for minor beneficiaries have provisions regarding alternative disposition if the minor has reached a designated age upon the death of the testator (the person who signed the will). If it doesn't, it may be appropriate to petition the court to seek an order dealing with this particular share.

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Answered on 3/02/15, 9:03 am


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