Legal Question in Wills and Trusts in California

My father's will left the estate to to split between his 4 children but my sister is deceasted. Does that mean her share goes to her children?


Asked on 12/22/11, 6:56 am

4 Answers from Attorneys

It depends what the will expresses, but I would think so.

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Answered on 12/22/11, 7:20 am
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

It depends on the language of the will. If it uses terms such as "right of representation", then your deceased sister's share would go to her children. If your father wanted his estate to be divided among his surviving children only, the will would state just that. In that case, the language to look for in the will might be something like, "equally to my children who survive me. If the will does not contain language either way, then it is presumed that the estate beneficiaries would include the deceased sibling's children under Prob Code � 245. (a).

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Answered on 12/22/11, 2:49 pm
Scott Jordan Jordan Law Office

It depends on the terms of the will, but, usually.

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Answered on 12/22/11, 5:59 pm
Anthony Roach Law Office of Anthony A. Roach

Has your father even passed away? If not, then any discussion about who would inherit is purely academic.

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Answered on 12/23/11, 12:49 pm


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