Legal Question in Wills and Trusts in California
Will of Longest Surviving
In the case of two sisters, one 95 yrs, the other 86. The older sister has willed all her money to her younger sister, assuming she (the oldest) will ''go'' first.
The younger sister has also written her will, based on having received her older sisters monies. If the younger sister ''passes'' first, does her will and the designations for disbursement of the monies still stand, as written, upon the passing of the older sister?
QUESTION: Assuming that the older sister does not change her will, and that the monies have been left to her younger sister - Does the younger sisters Will still stand as written, even though she--name removed--have passed years earlier than her older sister?
1 Answer from Attorneys
Re: Will of Longest Surviving
In most cases, distribution will be based on the will of the last surviving person. If the first-named beneficiary is not surviving, it would go to any contingent beneficiaries named. If none are named, it would go to the intestate beneficiaries of the last surviving person.
An exception would be if the older sister's will has some kind of "power of appointment" language allowing the first to die to "appoint" her gift to a set of people. If this does exist, the power of appointment must be specifically and validly exercised, according to requirements of California law and the will.
Most likely, there is no power of appointment and distribution will be based on the last surviving sister's will.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
