Legal Question in Wills and Trusts in California

Can the amateurish use of an imprecise legal term in a California will defeat its otherwise clear intent? After it gives him all their jointly owned property, my childless sister's will gives to her second husband, several specific mutual funds (all being her solely owned pre-marriage personal property) as a "Lifetime Estate" and states that upon his death these assets will revert to whichever of her 4 siblings, identified elsewhere in the will, are surviving. I believe "Lifetime estate"

normally refers to a non-consuming usage interest in real estate but wouldn't a legal authority reasonably infer that her intent was "life interest" in the mutual funds to her husband (dividends after her death - but no sale of the stocks) and

upon his death, "remainder interest" (ownership) reverting to her surviving siblings? Thanks!


Asked on 10/04/09, 3:28 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

This will probably require a petition for instructions from the court--a likely interpretation is that the life interest would mean he is entitled to the interest from the investments during his lifetime. The petition would allow you to argue your case for him receiving less, or nothing.

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Answered on 10/05/09, 12:15 pm


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