Legal Question in Wills and Trusts in California
Is the child a beneficiary?
My sister passed away July 2006. She had one child. My mother made out a will after this time saying that she is leaving all of her assets to her ''4 living children''. She did not say anything about her daughter that predeceased her. When my mother passed away, the executor (my sister) is stating that the child of my deceased sister is a beneficiary. My mother stated she wanted her things to go to her 4 living children. She made no mention of the daughter that predeceased her or the daughter's son. Should the son be named as a beneficiary on behalf of his deceased mother even though she was never mentioned in the will?
2 Answers from Attorneys
Re: Is the child a beneficiary?
On the face of it, it would appear that the grandchild gets nothing. HOWEVER, as a parent would normally include the child of her deceasd child,it is wise to dig deeper. Did the will contain a typographical error? can you locate the lawyer who prepared it and ask her/him to review your mother's client file? In other words, is there any documentation showing that the will was simply mistyped and your mother simply failed to notice that her grandchild was omitted? Does the will say anything about who would receive on behalf of one of the 4 living children, if one of them died before her? Consult with an attorney who is willing to ask these kinds of questions, to learn whether there is any reasonable legal ground upon which the grandchild should inherit.It would, of course, start with a careful reading of the will itself.
Re: Is the child a beneficiary?
I would have to read the will to see if there are provisions for the children of deceased children.
If that is all that the will says, leaving everything to her "4 living children", then you have a strong case that the deceased daughter's son should not inherit.
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