Legal Question in Wills and Trusts in California

My aunt left a will and if you add the percentages she left to family and friends it adds up to 166 percent. How is this possible.


Asked on 6/19/15, 12:41 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

She probably added some gifts and didn't stop to adjust the earlier ones. My surmise is that the executor will have to ask the court for instructions.

Read more
Answered on 6/19/15, 12:48 pm
William Christian Rodi Pollock

It is not possible. Assuming this is the correct reading of the will, a petiton for instructions willl be necesary to have the court confirm the interpetation of the will and the testators intent. In most such cases all gifts would be reduced proportionately pursuant to court order. If some other intent is evidenced by the documents or circumstances this may vary the result.

Read more
Answered on 6/19/15, 1:51 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California