Legal Question in Wills and Trusts in California

Re: Sister in law

The question is impossible to answer for two reasons. First, the will governs the answer to your questions unless there is some legal reason to challenge the will such as mental incapacity. Second, you mom could change the will at any anytime before her death if she has legal mental capacity.

There are many was to draft a will to deal with what happens when the beneficiary of a will predeceases the maker of the will. Sometimes the share will go to the heir's surviving spouse or children. Sometimes it goes back into the pot to be split up between the remaining survivors. It just depends on how the will is worded.

When my grandmother died, her estate was pretty much all liquid assets (cash & CDs). She left it all to her grandchildren in equal shares, but it also had a provision that the beneficiaries must survive her by 30 days. One of my cousins died of AIDS less than 30 days after my grandmother died. He wasn't married and his share was divided equally among the surviving grandchildren. It all depends on the language of the will.

Re: Sister in law

If he passes away before your mother, it is unlikely that she will take in his place, however, this is dependant on what your mother has in her will.

I would HIGHLY recommend that you recommend to your mother to place all of her assets into a living trust as soon as possible. The more she can get out of her estate the lower the final tax on the estate. Additionally, if she only has a will, then all her assets will have to go through Probate (expensive and costly)...A WILL DOES NOT PREVENT PROBATE...it only directs the court in how to disperse the assets.

A complete comparison of the benefits is available on our website at www.No-Probate.com.

I can also be reached for additional questions or concerns at that website or at my office at 626-578-0708, extension 4.

Regards,

Scott Linden

Re: Sister in law

First, the will would say what happens to her estate. It may also state what would happen if one of the beneficiaries pre-deceased her. For example, wills and trusts often state that if a beneficiary does not survive her, that persons share will go to his issue (children).

Generally, the spouse of the child of the decedent does not take the place of the child if the child dies first.

Your mother should do some serious estate planning if she is still able. Probate could cost the estate thousands of dollars.

Re: Sister in law

Normally, she is not entitled to anything, but the will can leave her something, or let her inherit in her husband's place. People typically bypass the spouse, but not always, so it really depends on what the will says.