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Okay, this is what someones Will says, it's a bit lengthy for me to type but I need to so ....PLEASE give opinions....

San Francisco, CA |

I give half of what is left after deducting the above gifts, & the payment ogf my debts, all death taxes, & the expenses of probate administration of my estate to those charitable, educational or scientific research organizations selected as provided below, which includes the Easter Seals & organizations devoted to work with heasd injuries or with heart disease. The Executor shall seek information concerning organizations that I have supported during the years immedeiatly proceding my death by examing my check book. The executor shall also consult my physician Dr. Fictios name here>, concerning organizations devoted at least in part, to work with head injuries or with heasrt disease. No later then 120 days following my death, or 90 days following the probate**SEE COMMENTS I RAN OUT OF ROOM

Attorney Answers 4


  1. I can't give you a specific answer, but in general the testator appears to be directing the executor to make certain charitable gifts, without specifiying particular charities. Instead he or she is giving guidelines for picking those charities. If the directions in a will are clear and unambiguous, then the executor has a duty to follow the terms of the will, but if the will is unclear, the executor can petition the court for instructions regarding the gift of gifts mentioned.

    I recommend consulting an attorney to determine the best steps to take.

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE. IT IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS RESPONSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY FOR SPECIFIC LEGAL ADVICE ABOUT YOUR PARTICULAR SITUATION.


  2. The language that you have typed seems easy to understand. It provides for a charitable gift. The organizations are identified by class, not by name. The executor should retain a lawyer to help the executor determine both the amount of the charitable bequest and the appropriate charities to benefit from that bequest. If the lawyer is uncertain, the lawyer will petition the Probate Court for an interpretation.

    Of course if you typed the entire provision we could give you a specific interpretation. However, this is something for which you should not be consulting a lawyer over the internet. You need to walk into a competent lawyer's office in San Francisco and buy an hour of time to get a useful response.


  3. I see well drafted wills and badly drafted wills in my practice. This one is pretty badly drafted because it leaves so many loose ends and leaves so much discretion to the executor. Fortunately, the beneficiaries are all charities. if the benficiaries were individuals there would most likely be a will contest. Charities are less likely to spend money fighting over bequests unless milions are involved. See a probate lawyer.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  4. The executor will need to file a Probate Code 11700 petition to determine which charities are to receive the 50% bequest.

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