What type of form would I need to let the probate court know that they forgot to give notice to 2 of the heirs in the Will?

Asked over 1 year ago - San Francisco, CA

...or that no notice was given to the other half of the Residuary beneficiaries named as the then living children of the other residuary beneficiary. 1 of the children(adult) got notice because she also got $20,000.00 from a Pecuinary gift she was #6 & is a half sister to the other 2 that were not given notice as required by law. Also, since the other residuary beneficiary passed away before ALL distributions were made, is it possible for anything that came in to the estate AFTER his death go to the other residuary beneficiaries(Contingent)? Or how would that ALL work since the stepson was his attorney in fact....>?

Attorney answers (4)

  1. Christine James


    Contributor Level 20


    Lawyers agree

    Answered . I agree with Mr. Frederick. All issues should be addressed through the probate of the will. The court does not give notice, the executor does. Speak with the executor or the attorney for the executor and let them know they did not give proper notice. All property that exists now will be distributed pursuant to the will.

  2. Craig Martin Scalise

    Contributor Level 12


    Lawyers agree

    Answered . Agree with Attorney James and Frederick. You should consider with a local probate attorney.

    Mr.Scalise may be reached at 805-244-6850 or by email (caig@scaliselawfirm.com). My responses to questions posted... more
  3. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . You have a jumbled up situation. Anything "coming in after death" would be part of the estate. An attorney in fact ceases to have power upon death, when the POA terminates. As for the notice questions, why was notice not given? If someone is named in the Will, (and sometimes even if they are not), they would be entitled to notice. If a beneficiary predeceases the decedent, that would be another matter. If the person is alive at the time of death, then absent some provision in the Will or state law to the contrary, his or her interest "vests," and you could not re-direct it to the other beneficiaries. It would pass through the estate of the deceased beneficiary.

    That is the best I can do on the basis of the information provided. I believe you are going to need to meet with a probate lawyer to try to sort this all out.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  4. Mary Lynn Symons

    Contributor Level 13


    Lawyers agree

    Answered . I agree with the other attorneys. You need to speak with an attorney as soon as possible. Take a copy of the Will, the Petition for Probate (if you have a copy) and a family tree. Make sure that you identify who is living and who is deceased and for each deceased person whether they died before or after the decedent whose estate is being probated. If they died after, you will need the date of death (especially if there is a survivorship clause in the will).


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