Asked in Probate for California

Q: I'm with a small non-profit, Redwood Coast Humane Society, on the Mendocino Coast. I have a question about a will.

There is a joint will from 1990 that names us as sole beneficiary if both husband and wife die at the same time. The husband died in 2007 and the wife in 2020 and they can’t find a will for the wife. Her sister wants the only existing will (the joint will) thrown out.

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1 Lawyer Answer
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: While I love the Mendocino Coast (and Albion in particular), I'm confused about whether or not the Will clearly identifies a beneficiary under the circumstances. If the Will does not clearly identify a beneficiary, then the property may pass to the intestate heir or heirs. Please have an attorney review the Will. Either way, if real estate is involved, then a probate petition will need to be filed to settle the estate.

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