Legal Question in Wills and Trusts in California

Re: Beneficiary Died First

It all depends on what is in grandmother's will. The will may contain provisions that require husband's mom to survive a certain amount of time. But, Mom's share of property might pass to husband. However, you have to get a copy of the will for review in order to determine anything since the will will be controlling. Without the will we are only speculating on what may happen.

I would be happy to speak with you about your issue.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS (R)

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Thousand Oaks, CA 91360

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Re: Beneficiary Died First

It depends on the terms of the will. In some instances, the heirs of the deceased beneficiary would receive the deceased beneficiary's share. In other instances, the deceased beneficiary's share would be divided between the remaining surviors. Get the will or trust to a probate attorney as soon as possible.

Re: Beneficiary Died First

Check your husband's grandmother's will first--does it address where the property goes if her daughter predeceases her? They'll often state that the property goes to the predeceased person's "issue," or children. If not, the answer depends on state law. In California, for community property, the grandmother's husband may receive her portion, and for her separate property, her husband and children are entitled to shares.

Re: Beneficiary Died First

If there is a spouse, and the property is community property, he will inherit her share. If there is no spouse, her two sons would have inherited it.

If it is separate property and she has a spouse, the spouse gets 1/3 and her two children get to split 2/3. I need to know more to tell you the exact answer.