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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?

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. 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. 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.


  3. 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 here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her. Mr. Scalise provides “unbundled” services for specific assistance with a specific issue.O work with clients throughout California.


  4. 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).

    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.

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