Legal Question in Wills and Trusts in California
My great-grandmother recently passed away. She had a will written in California that stipulated specific assets to particular family members. However, the main beneficiary, her son (my grandfather), is deceased. Consequently, assuming the inheritance were to be distributed to the next of kin, my grandmother, she, too, is deceased. Remaining are my great-grandmother's four grandchildren (my mother being the oldest, if that at all matters), all of whom she already left significantly smaller inheritances to. However, since the eligible beneficiaries are deceased, how, if at all, would the larger portion of the inheritance be distributed?
3 Answers from Attorneys
The distribution will likely be based on the specifics of the will, if any. For instance, whether the will gives each beneficiary the right to receive property by right of representation meaning that their heirs will get the property if they are already deceased.
Alternatively, the gift may "lapse" if it was to go to that person only while they are living.
You should consult with an attorney to review the will and discuss your options.
Mr Donner is absolutely correct. However there is an "anti-lapse" statute in California with respect to gifts to lineal descendants (children, grandchildren, great grandchildren, etc.).
You are going to have to get a copy of the will and consult with an attorney.
When a devisese or legatee dies after the testatory executes his will but before the will becomes effective (upon the testator's death) the gift to him or her fails, or "lapses." (Prob. Code, sect. 21109 subd. (a).)
If there is an alternative disposition made by the will, the alternative devise or legacy is given effect. For example, "$10,000 to B, but if he does not survive me, to C." B dies before the testator, and the gift lapses. C would take the $10,000.
California does have an anti-lapse statute, but it is comlicated. The anti-lapse statute (Prob. Code, sect. 21110) applies only if the devisee who predeceased the testator or kindred of a surviing, deceased, or former spouse of the testator. It sounds from your post that this may apply. If the anti-lapse statute applies, the issue of the deceased deviseee takes in his or her place by the method of division into equal shares. The anti-lapse statute does not apply however if the will expresses a contrary intention or a substitute disposition. (Prob. Code, sect. 21110 subd. (b).)
The rules are also different if the gift is residue, and not a specific gift.
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