Summary
In California, anti-lapse statutes ensure that gifts in a will do not fail if a beneficiary predeceases the testator, allowing the gift to pass to the beneficiarys descendants. If a trust beneficiary dies before receiving their share, the anti-lapse statute under Probate Code §21110 may apply, allowing the property to pass to the beneficiarys heirs. To proceed, review the trust document for any overriding clauses, file a petition in probate court, and consult a probate attorney. Necessary documents include a Petition for Instruction, Notice of Hearing, and Proof of Service.Full Conversation
Yes my mother is * of * benificiars to my grandmothers trust. She was given a right to recieve real property as part of her shate of the trust. Sh was given 6 months to decide. She had told the trustee that she wanted to recieve it before the dead line but the trustee failed to have the home appraised before my mother the beificiary past away. Does the anti lapse law applie here to here blood heir or living issue?
In California, the anti-lapse statute under Probate Code §* might apply to your situation. Since your mother expressed her intent to receive the property but passed away before the trustee's action, the property could pass to her descendants (you and any siblings).
Do you need guidance on how to proceed with a claim under this statute?
Yes please
In California, to proceed with a claim under the anti-lapse statute, you should consider the following steps:
- Review the Trust Document: Check if the trust document has any clauses that override the anti-lapse statute.
- File a Petition: File a petition in the probate court to enforce your rights under Probate Code §*.
- Consult a Probate Attorney: Given the complexity, consulting with a probate attorney would be advisable.
Would you like more details on how to file the petition?
Yes
To file a petition in California probate court:
- Prepare the Petition: Detail your claim and reference Probate Code §*.
- File with Probate Court: Submit the petition in the county where the trust is being administered.
- Serve Notice: Notify all interested parties (other beneficiaries, trustee).
- Attend Hearing: Present your case at the scheduled court hearing.
Would you like assistance finding a probate court near you?
Can you give me the proper documents file out tonfile petitionand serve notices?
In California, to file a petition and serve notices in probate court, you will need the following documents:
- Petition for Instruction or Petition to Determine Entitlement to Distribution: A formal request to the court.
- Notice of Hearing: Inform all interested parties.
- Proof of Service: Document showing notice was served.
Would you like a template or guidance on filling out these forms?
Yes
Case Rating: *.
To proceed, you can use the following templates and guidance:
- Petition for Instruction or Petition to Determine Entitlement to Distribution:
- State your relationship to the deceased.
- Reference Probate Code §*.
- Detail the situation and your claim.
- Notice of Hearing:
- State the hearing date and time.
- List all interested parties.
- Proof of Service:
- Document the method and date of service.
- Include signatures of those who served the notice.
Would you need further guidance on filling out these forms or anything else?
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