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  1. If the terms of the trust are to leave the house to the child, can the county then reassess the property for tax purposes even though it is a parent to child transfer?
  2. the lawyer has not petitioned the court for clarification of heirs yet,(we've requested several times). the executor has full authority to liquidate the estate but the lawyer felt it best, in light of the daughter being written out of the will, to notify the potential heirs and her lawyer of the sale. she filed an objection.
  3. Can someone who is specifically excluded from the will oppose sale of the decedents property?
  4. Notes to Counsel to petition the court any comments would be appreciated? The relevant part of his will which allocates his estate states, ” my sisters living are to receive 1/6 of my estate. Those deceased sisters families are to receive the other 4/6 of my estate. This is the children of my deceased sisters.” Except for the small bequest to his parish, there are no other words in the will that allocate his estate. The estate consists of the whole, which is 6/6. At the time the will was written, two of XXX sisters, XX and X , were living. In his will he specifically states that “Those deceased sisters families are to receive the OTHER 4/6 of my estate.” The probate code states that words are considered to have their common meaning. The words “Other 4/6” clearly means that 2/6 have already been allocated to his two living sisters, each of whom was to receive 1/6 of the estate. He most likely used this formulation to account for the possibilities that one or both of his sisters then living may predecease him. The will also clearly states that his deceased sisters’ families, defined as his deceased sisters’ children, are to receive the other 4/6 of his estate. Since no other distinctions are made in the will with regard to the children of his deceased sisters, the children of his deceased sisters define a class which is XXX niece and nephews. Therefore, the members of this class share and share alike in the remaining 4/6 of the estate of XXX. However, since XXX wrote his will in 1988 one of his sisters, namely XX, has died. Based upon the words in the will, his sole remaining living sister, X, will receive 1/6 of his estate. Based on the words in the will, the other portion of his estate now becomes 5/6 instead of 4/6 because the whole is still 6/6 and there are no other words in the will to account for the distribution of the entire estate except the distribution to his sisters either living or deceased. Since XX is now deceased, her children are now included in the class of his “deceased sisters children.” Thus at the time of XXX death, the living children of his deceased sisters, that is his nieces and nephews, are the beneficiaries of the OTHER 5/6 of his estate to share and share alike.
  5. Definately not a DIY project, just getting a basic feel for info to educate myself so I don't sound like a blithering idiot. thanks for the input! I did find a CA Probate Referee Guide that was very informative and included several sample forms.
  6. How detailed does the inventory of assets need to be? I understand real property and bank accounts etc, but what about the contents of the house?
  7. Thanks! We will retain counsel and petition the court.
  8. exactly why I wanted to get others interpretation, his intentions were clouding my thinking. THANKS for the input!
  9. yes, this is the exact wording. Would a lapsed devise to a neice or nephew(of the 4/6) pass to their offspring? With respect to the "intentions". He and I had discussions about his intentions, unfortunately the meeting with the attorney was scheduled 1 day too late and his will was not updated.
  10. My living sisters are to receive 1/6 of my estate. Those deceased sisters’ families are to receive the other 4/6 of my estate, that is, the children of my deceased sisters. Note: At the time he wrote the will, he had 2 living sisters, at the time of his death, he only had 1. His wife predeceased him and he did not have any children. He had total 6 sisters.
  11. unfortunately, no per stripes or per capita cited. With respects to live vs deceased sisters, does the court read the will as it was written in 1986 or as of date of death in 2013? Any websites I can check for CA case law?
  12. CA uncle's will written in 1986 but he did not die until 2013. He has 6 sisters, 4 were deceased at the time he wrote the will, 1 of the 2 living sisters has died after he wrote the will but before he died. He states he leaves 2/6 of his estate to his living sisters and 4/6 to his deceased sisters children. question 1~does the only living sister get 2/6 of his estate? question 2~if the children of the deceased sisters are deceased, does the estate get split between the living children or does it go to the next generation? His intentions were to split the estate between his 6 sisters, and if they were deceased the neices and nephews would get their mothers share. However, I'm not sure the court would read it this way. please comment
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