If a will shows that the testator had contrary intentions for the residuary & the beneficary died before all the schedules...

Asked over 2 years ago - San Francisco, CA

....have been distributed plus ALOT of unclsaimed property keeps rolling in, who gets it the residuary now?

Attorney answers (4)

  1. Mary Lynn Symons

    Contributor Level 13


    Lawyers agree

    Answered . I am not clear what you are asking. Is there a trust that provides one thing and a will that says something else regarding the residue? A pour over will (typically see with a revocable trust) usually leaves the residue of the estate to the trust. Is the will. being probated? If so, how far in the probate are you? Did the residuary beneficiary survive the decedent for the period required by the trust or will? If the property passed outright to the residuary beneficiary and he or she survived for the requisite period of time, then typically the assets otherwise distributable to that beneficiary are then distributed to his or her estate.

    You really need to talk with an attorney who can review all of the documents and get all of the facts in order to get adequate advice. There is not enough information to answer your question.

  2. John S. Rueppel

    Contributor Level 9


    Lawyer agrees

    Answered . I think the first attorney to answer is asking the right questions. From your question, it seems to me that the will has likely been probated and the executor has begun distribution of the assets. In that case, it may be too late to challenge the disposition plan if the Order for Distribution has already been signed by the court. I recommend consulting an attorney in your county or jurisdiction to help ascertain your rights in this situation.

    This answer does not constitute legal advice, and in merely general in nature. It does not create an attorney-client relationship.

  3. Michael E Freedman

    Contributor Level 5

    Answered . First, with regard to unclaimed property, an Final Order Distributing a probate estate will ordinarly have an omnibus clause to distribute any estate assets that may later be discovered. The executor will comply with the Order if unclaimed property is discovered. If a beneficiary dies before the decedent, the issue is called lapse. California has an anti-lapse statute to determine distribution. The interpretation of a will, if an ambiguity must be resolved, must be determined by the court prior to a final order of distribution.

  4. Amanda Louise Ebey


    Contributor Level 1

    Answered . I agree with the other attorneys who have responded. Your question does not give us enough facts to arrive at a more concrete solution. Under certain, limited, circumstances you can contest a will even if it has gone through a probate. If you do not want to contest it, then you might be able to bring the issue before the court for advice to determine who the proper heirs are. In general though it is best to hurry up. Once the assets are distributed it is very difficult to get them back!

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