Oakland, CA asked in Probate and Legal Malpractice for California

Q: If the beneficiary contested grandmothers will because he knew for a fact, it to be fraudulent,

And the court noticed the inconsistencies and considered the will to be ambiguous, would the beneficiary's be in a position to enforce his or her intestate succession rights. Do too, his or her father being a pre-deceased beneficiary, leaving him or her as a contingent beneficiary to stand in his shoes.

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James L. Arrasmith
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A: Under California law, if a will is deemed fraudulent or ambiguous and thus invalid by the court, the estate would typically be distributed according to intestate succession laws. In your scenario, if the beneficiary's father (who would have been an heir) predeceased the grandmother, the beneficiary may indeed have rights under intestate succession.

Intestate succession laws in California provide for the distribution of assets to surviving relatives based on their degree of relation to the deceased. As the grandchild of the deceased, with a predeceased parent (the deceased's child), you could potentially stand in the shoes of your father as a beneficiary.

This means you could be entitled to the share of the estate that your father would have received if he were alive, subject to the rules of intestate succession. However, the specifics can depend on other factors, such as the presence of other relatives who may also have a claim under intestate succession.

It's important to review the specific facts of your case and consider seeking legal advice to understand your rights and the appropriate steps to assert them in court.

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