Legal Question in Wills and Trusts in California

If someone states in their will that 1/2 of their savings will be split between her brothers does this include her CD? One of the brothers is deceased but has children.


Asked on 11/30/11, 7:53 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

That depends upon exactly what wording is used in the Will so that it is clear what the party's intent was. If it says "savings account" then the CD is not included, if it says "savings" it probably is, unless elsewhere in the Will it makes clear that it is not included.

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Answered on 12/01/11, 8:46 am
Michele Cusack Pollak & Cusack

unless the CD account has a POD, as they usually do.

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Answered on 12/01/11, 7:24 pm
Anthony Roach Law Office of Anthony A. Roach

It depends on who the beneficiary is on the CD. If it is the estate, then it is part of the estate. If it designates someone else, it is not part of the estate and would not be divided and distributed.

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Answered on 12/02/11, 10:32 am


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