Legal Question in Wills and Trusts in California
Beneficiares of an estate
Hello,
My mother's will listed her then living children, each by name, as beneficiaries stating ''All references in this Will to ''my children'' are references to the above-named children.'', leaving out a daughter who died 3 years prior to the will. She is not specifically excluded or mentioned, just not mentioned by name.
Because we used a template will document, there is a section stating that ''If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation.''
I am handling this case in pro per as executor. The probate examiner requires me to file a petition to the San Diego court to determine beneficiaries, claiming my deceased sister's children have claim.
I filed the petition stating that the will names the beneficiaries specifically. The examiner wants Proofs and Authorities backing my position. Can anyone help me with this? I have filed the petition for final distribution and this is the only issue holding us up.
2 Answers from Attorneys
Re: Beneficiares of an estate
You would have to show an attorney the entire Will. From what you have said, it seems that the Will does provide for the children of you deceased sister [does she have any children?]. On what basis are you claiming it does not; it is not necessary to include a person's actual name in the Will to make that person an heir. You should not include form language unless you know what it means and agree with it. If you want to fight their getting anything, you need to consult an attorney expert in this area. But if we are taking about a relatively small amount of money, it may not be worthwhile fighting it.
Re: Beneficiares of an estate
The correct term is Points and Authorities. I may prepare the required document for you, consult you regarding the distribution to the heirs and solve the problem so that the ORDER for Final Distribution may be issued. Template Will is the problem. COntact me directly via e-mail or telephone.
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