Legal Question in Wills and Trusts in California
Who will inherit?
The grandfather leaves the grandmother and wills his half of there home to his 3 sons and the grandmother can stay in the home till she passes or get married. He then dies. A few years latter the youngest son dies leaving 3 children. Now the grandmother has left the home and wishes to have her half sold and given to the surviving 2 sons. Does the heirs of the dead youngest son stand to inherit by California law their father portion of the home? If so, what percentage? If not, what happens to that portion of the estate?
2 Answers from Attorneys
Re: Who will inherit?
The answer depends on the language of the will. Often wills leave a deceased's portion to his/her children in equal shares, but sometimes the deceased's portion is left to the other will beneficiaries. The person making the will is free to name any alternate beneficiary he/she chooses, so you (or an attorney) would have to review the will to know the answer.
Re: Who will inherit?
Depends on how grandfather's will was written. If the gift was to his children or their issue by right of representation, then the gift would go to the deceased son's children. If the gift was to the 3 sons or the survivors of them, the deceased son's children would not inherit. Can't give you a better answer without seeing the will.
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