Legal Question in Wills and Trusts in California
First the scenario: my mother died and in her will gave her entire estate to my brother. if he does not out live her, then the estate is to go to me. my brother out lived our mother by 32 years, however, due to a lien, the property was never fully transferred in my brothers name. now my brother has passed without a will. my question: what happens to the property? does it go to me because my mothers' will was never fully executed or what?
2 Answers from Attorneys
It goes to your brother's heir(s). If he had a Will, to whomever he designated. If no Will, then to his wife and/or children, if any. If none and your father is living, he is next in line. If none of the above, you are the heir (along with your other siblings, if any.).
Your brother's heirs may still have to deal with the lien, however.
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