Legal Question in Wills and Trusts in California
California Probate
A will is probated in California. The estate contains no real property in California. The estate contains real property in Hawaii (valued at $40,000). An ancillary probate is opened in Hawaii simultaneously. The only estate property in the Hawaii probate is the real property. The will contains a no-contest clause. A beneficiary of personal property of the estate in the California probate, but not a benefiary for the Hawaiian real property, contests the probate in Hawaii, but not the probate in California. Is this benefiary considered a contesting benefiary to the California probate court.
Asked on 5/11/08, 9:08 pm
1 Answer from Attorneys
Mitchell Roth
MW Roth, Professional Law Corporation
Re: California Probate
Yes.
Answered on 5/11/08, 9:18 pm
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