If beneficiary of a will survives the testator of said will by 3 months, but dies before asset distribution, who gets assets?

Asked almost 2 years ago - Hemet, CA

Testator resided in Ohio, and beneficiary was intestate and resided in California. He is survived by one child and a spouse who is not the mother of said child. He has no deceased children. Under what state's intestate laws will assets be distributed and what percentages will the heirs receive?

Attorney answers (3)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    Answered . Avvo is not the place for homework assistance or help with open book test questions.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Janet Lee Brewer

    Pro

    Contributor Level 17

    Answered . I agree with the other two attorneys. But assuming this is a real question, the place to start is to look at what the will says about survivorship ... is the beneficiary required to survive the testator by 30 days? Until distribution of the estate? Something else?

    If this is a real question and the beneficiary's estate has not been probated yet, please contact my office. We would be happy to assist.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. Keith G Langer

    Contributor Level 19

    Answered . Indeed.

    This has all the hallmarks of a student seeking someone to do his / her homework for them.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

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