Legal Question in Wills and Trusts in California

Two Estates and Elective Share

Father died, Mother died two months later.

Dad's will says ALL his property goes to 3 kids if spouse doesn't survive 180 Days - she didn't. Dad's Estate Admin says ALL Dad property including community property goes to the Mom's estate which favors only one kid who just happens to be the Admin of the Mom's estate.

Can a beneficiary of Dad's estate file Elective Share in Mom's Estate to go to Dad's Estate even though he passed away first?


Asked on 5/05/09, 4:00 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

Re: Two Estates and Elective Share

Your really should have an attorney review the documents and represent you in the administration of your father's estate.

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Answered on 5/05/09, 4:09 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Two Estates and Elective Share

I think you're correct, but would have to review the wills and the deeds (if any) to be sure.

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Answered on 5/05/09, 6:44 pm


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