Legal Question in Wills and Trusts in California

last will and testament question

My uncle who lived in california left my sister some money in his will. She passed away before he did, who gets the money? Next of kin or does it stay with the estate? She had no kids and was never married. (California law wuestion. Thanks


Asked on 3/30/09, 4:55 pm

2 Answers from Attorneys

Re: last will and testament question

The question will depend on what your uncle put in his will. It is possible that he would have left it to your sister's heirs. Or, he could have left it to someone else if your sister died before your uncle.

So, the short answer is that you have to see the will itself.

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Answered on 3/30/09, 5:05 pm
Scott Linden Scott H. Linden, Esq.

Re: last will and testament question

It will follow the will. If not laid out, then it will follow intestate succession. First to his parents, then to issue of his parents, then to issue of those issue (this should include you).

Has this entered into a Probate proceeding? Was there over $100,000 total gross value in his estate? IF so, and there was only a will, you will need to go through Probate.

If you would like additional assistance with this matter, please feel free to contact me directly at the email provided by LawGuru or through our firm's site at PasadenaEstatePlanning.com.

Scott

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Answered on 3/30/09, 5:55 pm


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