Q: If a probate judge finds a wheel to be ambiguous and the state is considered intestate
Does the issue of a predeceased beneficiary have to attend mediation to receive their deceased parent share of there grandmothers estate if the probate judge previously found the will to be ambiguous? And does this make the estate fall under intestate? And any Issues of a predeceased beneficiary receive their parent's share of the estate under the intestate succession laws of California.
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A:
Under California law, if a probate judge finds a will to be ambiguous and the estate is considered intestate, the following rules apply:
1. Mediation: If there is a dispute among the heirs or beneficiaries regarding the distribution of the estate, the court may order mediation to resolve the issues. However, attending mediation is not a requirement for a predeceased beneficiary's issue to receive their share of the estate.
2. Intestate succession: If the will is found to be ambiguous and the court determines that the estate should be treated as intestate, the estate will be distributed according to California's intestate succession laws (California Probate Code, Division 6, Part 2).
3. Issue of a predeceased beneficiary: Under California's intestate succession laws, if a beneficiary named in the will predeceases the testator (the person making the will), and that beneficiary is a relative of the testator, the issue (children) of the predeceased beneficiary will typically receive the beneficiary's share of the estate by right of representation (California Probate Code, Section 6402).
For example, if a grandmother's will is found to be ambiguous and the estate is considered intestate, and one of her children (who would have been a beneficiary) predeceased her, that child's share would pass to their issue (the grandmother's grandchildren) by right of representation.
It's important to note that the specific details of each case may vary, and it's always best to consult with a qualified probate attorney familiar with California law to determine the appropriate course of action in your particular situation.
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