Legal Question in Wills and Trusts in California

My Grandparents had an addition to their will stating I was to receive $10,000 when they passed. My Grandfather passed away and the will was changed to put everything in my Grandmother's name and a special needs trust for my mom. However, when the will was changed the addition stating I was to receive $10,000 was neither added to the new will or stated that it was removed. Both my Grandparents have since passed away, am I still entitled to the money I was suppose to receive? I have the original addendum saying I was suppose to get that money. Is it valid?


Asked on 1/21/11, 4:49 pm

3 Answers from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

If your Grandfather's will provided that you were to receive $10,000 that could not be changed after he died. You should have a lawyer look at all of the documents to see what your rights really are.

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Answered on 1/26/11, 5:17 pm
Michele Cusack Pollak & Cusack

If the distribution to you was a provision in your grandparent's trust, and the whole trust remained revocable after the death of the first spouse, it could be changed after the first death. As Mr. Reich said, it depends on the terms of the relevant documents.

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Answered on 1/26/11, 7:15 pm
Frankie Woo Fiducia Legal

From my reading of your question, it sounds like your grandparents together executed one will, and that one will was changed afterwards. That's a bit unusually, because normally, a married couple would execute two wills, one for the husband and one for the wife. Perhaps what you are really referring to is a living trust, not a will.

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Answered on 1/26/11, 8:24 pm


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