Legal Question in Wills and Trusts in California

Re: greatgrand child not mentioned in will

You do not mention why this one child might not have been included nor how much is going to each child. If all the heirs are willing to give her an equal share [which suggests it is not a hugh amount involved], why not have them give equal gifts to her so that everyone gets the same sum? That is much cheaper than litiigation against the estate whilch yo mihgt not win. Moreover, if you get the Will thrown out, several of the heirs may end up taking nothing with children of a closer relationship get the entire amount. You could petition the probate court to decide the administrator of the Will is wrong, but the judge likely will not decide in your favor.

Re: greatgrand child not mentioned in will

If you successfully contest the will, the estate will go by intestacy, and grandchildren will get nothing if their parents are alive. The executor must follow the will. Whoever wants the grandchild left out of the will to participate can simply five them a share after distribution of the will. In other words, if 5 grandchildren receive $12,000 each, then each of those five can give the sixth $2,000 from the $12,000, leaving each grandchild with $10,000.