Legal Question in Wills and Trusts in California
predeceased mother
My deceased grandmother left a will that was written before I was born. My grandfather and my mother predeceased her. She only has one living son. Her will was written while my mother was living and she left everything to my mother and my uncle. Her will also states that ''with full knowledge omitted to provide for my heirs who may be living at the time of my death, including any person or persons who may, after the date of this will become my heir or heirs by reason of marriage or otherwise.'' My question is, am I entitled to my mothers share of the estate or does it automatically go to my uncle?
3 Answers from Attorneys
Re: predeceased mother
Unless will otherwise provide, your mother's share should be divided among her heirs, since she has passed away. It should not automatically go to Uncle, unless will states so.
Re: predeceased mother
The law provides that your mother's children would take her share, unless the will states otherwise--have an attorney review it. I don't think the clause you quoted would exclude you, but the will may have other provisions that do, so have someone look at it.
Re: predeceased mother
You have asked a very difficult question. A lawyer would need to conduct a good deal of research to give you a definitive answer, and even then it might not be certain. The clause you quote does not seem to specifically exclude unborn grandchildren. In addition, I would be very interested to see if there are any clauses that say something along the lines that if an heir predeceases the testator, then the property goes to the heirs or issue of the deceased heir. If you are in Northern California and would like me to take a look at the will, I would be happy to do so. If after reviewing the will and the law I believe your case has merit, we could then work some sort of fee agreement. I would not charge you for the initial review or consultation.
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