Legal Question in Wills and Trusts in California

clarification of will beneficiaries

Hello,

I am named executor in my mom�s will. I reside in Oceanside, CA, as did she before she passed away a few days ago. She named 6 specific beneficiaries in her will � her living children, by name, at the time the will was written. She had a daughter who died 2 years before the will was written who is not mentioned only because she had already passed away when the will was written.

The will also states that any reference to child or children refers to the 6 named beneficiaries. The will then states that if a child dies before she does, the issue of that child are entitled to the deceased child�s share by right of representation.

Do the children of the deceased daughter have a claim against the will?

I am filing a petition to administer the estate of my mom (DE111) as a petitioner in pro per (it�s a small estate, just around $150K in savings), should children of the deceased daughter be listed on it and the notice to petition (DE121) as interested parties?

Thanks.


Asked on 7/31/06, 5:19 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: clarification of will beneficiaries

You'll find it very difficult to navigate through probate court. The grandchildern are not named so unless there is another provision in the will, they are not beneficiaries. You are confusing the intestate rules (no will) with testate (will). Save yourself the headache and get an attorney. Fees are strictly limited by law. Call me directly at 6192223504

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Answered on 7/31/06, 10:32 pm


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