Legal Question in Wills and Trusts in California
Partial withdrawal
We are appealing a decision that was made about whether the term ''All my money'' used in a holigraphic will, includes all the estates assets such as stocks, bonds, money markets etc. Will the courts approve withdrawl of money by the named beneficiary of said will before appeal decision. Sense who the money (cash and bank accounts) goes to is not what is being appealed. Which California probate code addresses this Question?
1 Answer from Attorneys
Re: Partial withdrawal
Money is money. Problem is what is the intent of the decedent to win the decedent wrote that out. In a very broad sense if there is nothing else referred to record very possibly could take the position that money includes all of the assets if the decedent is aware that he/she has stocks, bonds, money markets etc. now, the real question is taking the money out before the appeal is determined. From an ethical point of view that he is a no no. Moreover, without prior court order allowing a potential beneficiary to take the money out while an appeal is spending would be determined by whether a bond is placed on the appeal and restrictions apply. If there are no restrictions apply and the money is taken out but the appeal goes against the party takes the money out all of that must be returned with interest. Rather than write to all grew room see the aid of an estate planning expert in your area, a realignment tourney cooking give you an opinion if one is available, opinion I mean. Much more in terms of facts have to be disclosed before a true opinion can be given.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.