Q: I am working on final distribution do I include residue of the estate or only if it is mention in will?
My mom wrote a holographic will and it has been approved by the court and in her will she didn't mention residue. She mention her home and everything she has and owns or in her name goes to daughter, would furniture and furnishings be considered residue or would it be part of distribution of the estate and would it go the daughter or have to be divided with her sons, she mention sons and grandchildren not receiving anything.
A:
San Jose, CA:
I do not mean to seem rude or unhelpful, but I believe you are the same person who has posted multiple questions looking for a step-by-step guide in how to complete your Petition for Final Distribution in a probate matter in which you are appearing pro per (without a lawyer.)
This is not the forum for such advise. The Justia ask a lawyer program, as I understand it, is for basic answers, not an ongoing dialog or for detailed step-by-step instructions.
As a pro per you are expected to meet the same standards as a lawyer. There are many good books and practice guides on probate practice and procedure in your local law library. I suggest you use that resource which is free to the public.
However, I highly recommend that you seek legal counsel to review your work and provide advice. You state your mother left a holographic will which distributes all of the estate to one child and excludes her other children and grandchildren. I have never seen such a will go unchallenged, and would suspect that there is a lack of notice issue. If so, you may be vulnerable to attack even if the court "admitted" the will.
As I frequently say, if you do not know where to start, your local bar association legal referral service can provide you an low or no cost referral for an initial consultation.
Gerald Barry Dorfman agrees with this answer
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