California | Wills and Trusts
Legal Question
Can the amateurish use of an imprecise legal term in a California will defeat its otherwise clear intent? After it gives him all their jointly owned property, my childless sister's will gives to her second husband, several specific mutual funds (all being her solely owned pre-marriage personal property) as a "Lifetime Estate" and states that upon his death these assets will revert to whichever of her 4 siblings, identified elsewhere in the will, are surviving. I believe "Lifetime estate"
normally refers to a non-consuming usage interest in real estate but wouldn't a legal authority reasonably infer that her intent was "life interest" in the mutual funds to her husband (dividends after her death - but no sale of the stocks) and
upon his death, "remainder interest" (ownership) reverting to her surviving siblings? Thanks!
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Read More Answered By: Chris Johnson |
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