Form DE 310 for small estates has a question #10 that asks who the decedent was survived by. Does this need to be answered if this was addressed in question#9 pertaining to survivorship? I answered both questions and was told my question 9 was "incomplete" by the judge.
My father was divorced (marked box 2a), had natural children (marked box 5a ) and had no issue of predeceased children (box 8b). None of the other boxes apply. He was survived by a brother so I marked question 10 b (only). Could this be causing a conflict?
Thanks in advance!
Based on my reading of the form and your summary, section 10 would not need to be filled out because your father was survived by issue. (The natural children are "issue.") When you check the box in 10, it suggests that the children predeceased your father, which is not the case.
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Estate Planning Attorney
It seems as though you may have misread the form as indicated by Mr. Frederick. Amend and resubmit.
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Wills and Living Wills Lawyer
I concur with the other two answers. You should file a Supplement to correct the error. Language on the Judicial Council forms can be confusing.
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