Legal Question in Wills and Trusts in California
How can I resolve ambiguous and possibly contradictory distribution of property?
Various interpretations of a relative's will with respect to property distribution are possible. Are there standard ways of reading wills that make one interpretation the legally correct one? The contradictory part of the will is as follows: in the THIRD paragraph of the will, a total of 60% of the ''distributable estate'' was given to certain individuals. Then in the FOURTH paragraph, the ''interest in my residence'' was given to another individual. However, the residence is worth probably 80% of the total value of the estate. So in paragraph 4, 60% of the estate is given away, and in paragraph 5, 80% is given away, but to different people. (In the FIFTH paragraph, the residue was distributed to yet other people). So who gets what?
So does the 60% include the value of the residence, since this appears to be part of the ''distributable estate''? If so, what happens to paragraph 4?
If not, does the 60% actually mean the 60% of the remaining 20% after the residence has been distributed? Does order in which gifts are listed make a difference in interpreting this? Do percentages versus specific gifts make a difference? Help!
2 Answers from Attorneys
Re: How can I resolve ambiguous and possibly contradictory distribution of prope
On the facts you present (and without a full reading of the document which could change my opinion), I believe the following is correct:
The specific bequests in Item 3 and Item 4 take precedence over any distributions of residue in Item 5. The order of the Items does not make any difference. The term "distributable estate" in Item 3 would probably be interpreted to mean the value of the estate assets actually distributed after applicable expenses and taxes (including the residence). HOWEVER, the residence would be distributed outright (and undiminished) to the named Item 4 beneficiary(s) leaving the Item 3 beneficiaries partly unfunded. Consequently, no residue would exist for Item 5 beneficiaries.
Re: How can I resolve ambiguous and possibly contradictory distribution of prope
Yes, a petition for instructions can always be filed by the executor re any ambiguities. However, without having read the will, and only with your comments it appears that the house was a specific gift, and therefore will not count towards the distibution of the estate which is the assets other than the house. Then, after the distribution of the house, 60% goes to X , and the balance (residue) goes to Y. Let me know if you need any additional help.
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