Legal Question in Wills and Trusts in California
Do my descendents get a share of the estate?
In my dads will he left all his assets to ''all to my descendants (my children and the descendants of my children) who survive me.'' He had 1 son (me) and 1 daughter and we both have children. Do the assets get split between my sister and myself equaly? Or do the assets get split between my sister, myself, my children and my sisters children? I am the executor of the estate and need to know legaly what the above mentioned definition is. Thank you.
4 Answers from Attorneys
Re: Do my descendents get a share of the estate?
to really give you an answer you can rely on i would have to see the whole will but it sounds like the estate goes to ALL decendants, children and grandchildren in equal shares.
Re: Do my descendents get a share of the estate?
The will is ambiguous, the way you explained it. I would need to review the document, but on the surface it appears that all of his children and grand children would receive an equal share.
The courts might let in additional evidence of a different intent, however.
Re: Do my descendents get a share of the estate?
I would apply to the probate court who has jurisdiction of the will for an interpretation of the language in the will. The answer you might get may be different than the other replies you may have received.
Re: Do my descendents get a share of the estate?
As you can tell from the preceeding answers, it is difficult to give specific legal advice without reviewing the file. You would be well served by obtaining representation to be certain all was done to fulfill your father's last wishes. Please call me directly at (619) 222-3504.
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