Legal Question in Wills and Trusts in California
Deceased heirs
My great-grandmother passed away in July 2003 and left everything for my grandmother to handle. Her husband is still alive and so are 7 of 8 children. My uncle passed away in December of 2002. She left a will that said all of her children would receive an equal amount of money when their dad passes away after the sale of the house and split the money amongst the children. But now my deceased uncle's oldest daughter says that my grandmother is supposed to give her, her father's share. According, to California law is this true if it is not stated in the will? Reason being, my great-grandmother did not feel that she should leave her grandchildren any thing because she felt that her children are supposed to do so. Thank you for your help and time.
2 Answers from Attorneys
Re: Deceased heirs
without reading all documents in this situation, includeing the will i could not advise you --- if you wish to contact me 925-945-6000 --- what i am sure of is no one is to release any assets unill an Estate/Probate attorney who is knowlegable can look at the documnts and advise accordinly
Re: Deceased heirs
Usually the will will dictate what happens if one of the beneficiaries pre-deceased the maker of the will. You also make reference to "her husband" still being alive. Is that your grandmother's husband or great grandmother's husband?
If Great Grandmother's, he might be entitled to part of the property in spite of the will.
If the estate exceeds $100,000, which it sounds as if it does, the will and the estate will need to go through probate.
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