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

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?

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Attorney answers 3

Posted

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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Asker

Posted

Pardon me? Is this a joke? If not, you seem to have made a hasty assumption. This is not a homework assignment!

Posted

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.

Asker

Posted

How dare you assume that I'm a cheating student!!!!! I can assure you that I am not. Is it because my question is more organized than most? I don't get it.

Keith G Langer

Keith G Langer

Posted

That conclusion was based upon the wording of the problem, which sounds exactly like it came off a test.

Asker

Posted

I don't believe it! How can I convince you that my little old mind thought of that question? I was trying to give as much background as I could so I could get the most accurate answer. Hey, perhaps I should study law. Maybe I'm a natural!!!! ha ha. Did do a bit of my own research and picked up a few terms. OMG, this is hilarious!! :)

Posted

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 response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Asker

Posted

I'm actually flattered that you three think my question came off of a test. Perhaps I'm too smart for my own good. And thanks for the tip. Take care, and have a good day. :)

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