Legal Question in Wills and Trusts in California

Joint wills and beneficiary

Married couple have joint wills leaving all to the surviver unless one does not survive the other by 6 months then other terms of the will are enforced. If the surviver has time certificates naming others as beneficiery's does that supersede the terms of the will if the surviver does not live for the 6 months or would the original terms of the will be enforced


Asked on 2/17/05, 1:35 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Joint wills and beneficiary

The will provision applies to the lapsed gift and all property of the first spouse to die is to be distributed as if the second spouse to die was not living at the death of the first spouse to die.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=21001-22000&file=21101-21118

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Answered on 2/18/05, 10:23 am


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