Legal Question in Wills and Trusts in California

Hi, my parents just passed away, I had their will but someone took it, I am one of six of their children one of my sisters passed away before my mom did, their will stated that their house to be sold and the money split between their children, after my sister passed my mom wanted to change the will to say living children, but did not get it done before she passed, everyone knows exactly what my parents wanted. my question is my sister that passed away would her children get her portion of the money from the sale of their house?


Asked on 4/03/18, 12:21 pm

2 Answers from Attorneys

I would say that yes her children will receive their moms share. With the will or without. The fact is she did not update her will unfortauntely so her wishes will not be followed in my opinion.

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Answered on 4/03/18, 12:30 pm
Scott Jordan Jordan Law Office

Please accept my condolences on your loss.

Unfortunately, although your mother may have wanted to make a change to her will, she did do so and the will in effect at the time she died remains enforceable.

Also, if your mother only had a will, the person appointed the Executor should consult an attorney because it likely that probate will need to be opened before anyone can sell the house.

Please feel free to call me to discuss your options. My number is (925) 362-3598.

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Answered on 4/03/18, 12:33 pm


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