Legal Question in Wills and Trusts in California

Probate San Bernardino County

I am preparing my Petition for Final Distribution on Waiver of Accounting. The only will on file with the court is hand written and about 4 sentences long. It states: "I leave everything to my children. My home and all its contents, also my bank account." Very non specific and does not use any language that orders, demands, bequeaths or anything of that sort, it isn't witnessed. However it was admitted along with a proof of Holographic instrument.

I am unsure how I should word the Exhibit which states the heirs and proposes distribution to my brother and I.

Should I quote this will name us as beneficiaries or treat it as if there was not a will and list us as heirs at law?

Which is better

Beneficiaries Under Decedent's Will and Proposed Distribution

The Decedent's will disposes of her assets as follows:

"I leave everything to my children...."

Or

Heirs of Decedent and Proposed Distribution

Decedent's heirs at law and the respective shares to which they are entitled are:

Also, I have typed this using Courier New on numbered paper. Can the font size be 11 or does it have to be 12 or does it matter? 12 just seems a little big and it doesn't line up correctly with the numbers at times.


Asked on 11/24/14, 4:15 pm

2 Answers from Attorneys
Len Tillem Tillem McNichol & Brown

"Beneficiaries Under Decedent's Will", as there's a will. The latter heading is if there's no will. Name each of the children, and state whether or not there are any deceased children. If there are any deceased children, state whether or not they were survived by issue.

The court doesn't require a particular font, so it should be fine as long as its legible. I don't recommend Comic Sans however.

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Answered on 11/25/14, 9:29 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

You will be fine most likely. I am like Len Tillem, I stick to those popular fonts like Comic Sans. But in my opinion, nothing to worry about. Len might feel different.

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Answered on 11/25/14, 1:01 pm


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