Legal Question in Wills and Trusts in California
wills
My wife is a step-daughter. In the family there are 2 stepdaughters and 1 stepson. There are also 2 of his biological children for a total of 5 children. I see in will forms that stepchildren are not to be included in his listing of children except as direct gifts. Can you advise me how to include the stepchildren so all get 20% of the appraised estate. I am trying to treat everyone as equal.
2 Answers from Attorneys
Re: wills
The will can list all five names to receive equal shares of the "residue" of the estate.
This is where mistakes get made and people are left out, though (I'm working on a case just like this, where the daughter drafting the trust for her mother cut herself out accidentally), so I'd highly recommend an attorney preparing the will.
Re: wills
Generally this is not hard to fix on your own will, but it is unclear if this is your will or someone else's. With that in mind if you have further questions please feel free to contact my office at your earliest convenience.
Joshua Hale
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