Legal Question in Wills and Trusts in California

Re: Wills

I have read your question again and again and I cannot tell whether there were/are 5 kids or 7 kids and 2 are dead. If probate is in Georgia, the question may be controlled by the Anti-Lapse Statute. It reads:

53-4-64.

(a) If a beneficiary is dead when the will is executed or otherwise

dies before the testator, but has any descendants living at the

death of the testator, the testamentary gift, if absolute and

without remainder or limitation, shall not lapse but shall vest in

the descendants of the beneficiary in the same proportions as if

inherited directly from the deceased beneficiary under the intestacy

laws of this state.

(b) The provisions of subsection (a) of this Code section shall also

apply to a testamentary gift to a class unless there appears a clear

intent to the contrary.

(c) If a beneficiary is treated as having predeceased the testator

due to a divorce or annulment, as provided in Code Section 53-4-49,

or due to the beneficiary being responsible for the death of the

testator, as provided in Code Section 53-1-5, the provisions of

subsection (a) of this Code section shall apply only to vest the

testamentary gift in descendants of the beneficiary who are also

descendants of the testator.