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WHAT'S THE DIFFERENCE BETWEEN "To The Then Living Children of my Brother" opposed to if it just read,"To the Children of my Brot

San Francisco, CA |

...of my Brother">listed under the Residuary Gift in a Will? Is there a difference? If so, "What..?

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Attorney answers 5

Posted

If the testator passes away and children have predeceased him/her, the predeceasing child's portion goes to that child's estate. This is different from a bequest which awards only to children who are living at the time the testator passes away.

Asker

Posted

What if ax Ex stepson of my Fathers whom is also an attorney here in Washington state & our Aunts case was in San Francisco, Ca. But he was Attorney in fact for our Dad @ Aunts probate in S.F., Bank of America @ 1st was Executor then it passed on to the S.F. Public Administrators office( x 3 different hands)... whom ALL 3 were terminated for fraud while handling my Aunts estate which is/was worth literally Millions & Millions of Dollars... My Sister & I were never ever given Notice & we awere to of got half he residuary & our Fathers too if he didn't survive our Aunt, death certificate says a date that WE KNOW IS WRONG! We searched hi & low for our Father for nearly 3 years. His house he had for over 50++ years stood abandoned, nothing in it, just empty...We even filed a missing persons report in the county in lived in.....but still nothing-... Never getting the notice our Aunts probate proceedings cause a domino of things to take place... For #1...NOT 1 of her Brothers or Sisters were competent enough to endure the case...her Sister died 1/4 of the way thru her case by scalding hot water in the bath tub, not a nice time... My Dad was already dead & this is why we were never notified...Had we of been notifed WE WOULD OF MADE THE EX STEPSON "PROVE IN PHYSICAL FORM" THAT OUR DAD WAS INDEED STILL ALIVE! We tried toget a hold of him when looking for our Dad, called an attorney that lives here in Oly. with the guy saying we had the wrong person. COME TO FIND OUT IT WAS HIM!! HE DELIBERATELY LIED TO US...Also told the funeral director my Dad had no children KNOWING damn well he hasd 3 Daughters! ALL of it was to buy himself more time & time to steal BOTH my Dads & my Aunts estatre. He even gt his real Dads estate too. We got NOTHING~...

Posted

The idea of "then living children" means the children alive at the time of the death of the person making the will. It would not include children who passed away beforehand.

Asker

Posted

What if ax Ex stepson of my Fathers whom is also an attorney here in Washington state & our Aunts case was in San Francisco, Ca. But he was Attorney in fact for our Dad @ Aunts probate in S.F., Bank of America @ 1st was Executor then it passed on to the S.F. Public Administrators office( x 3 different hands)... whom ALL 3 were terminated for fraud while handling my Aunts estate which is/was worth literally Millions & Millions of Dollars... My Sister & I were never ever given Notice & we awere to of got half he residuary & our Fathers too if he didn't survive our Aunt, death certificate says a date that WE KNOW IS WRONG! We searched hi & low for our Father for nearly 3 years. His house he had for over 50++ years stood abandoned, nothing in it, just empty...We even filed a missing persons report in the county in lived in.....but still nothing-... Never getting the notice our Aunts probate proceedings cause a domino of things to take place... For #1...NOT 1 of her Brothers or Sisters were competent enough to endure the case...her Sister died 1/4 of the way thru her case by scalding hot water in the bath tub, not a nice time... My Dad was already dead & this is why we were never notified...Had we of been notifed WE WOULD OF MADE THE EX STEPSON "PROVE IN PHYSICAL FORM" THAT OUR DAD WAS INDEED STILL ALIVE! We tried toget a hold of him when looking for our Dad, called an attorney that lives here in Oly. with the guy saying we had the wrong person. COME TO FIND OUT IT WAS HIM!! HE DELIBERATELY LIED TO US...Also told the funeral director my Dad had no children KNOWING damn well he hasd 3 Daughters! ALL of it was to buy himself more time & time to steal BOTH my Dads & my Aunts estatre. He even gt his real Dads estate too. We got NOTHING~...

Posted

"To the then living children of my brother" means the children of my brother who are living at the time of the testator's death.

"To the children of my brother" means that living children and the estates of deceased children would all share at the time of the testator's death.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

Asker

Posted

What if ax Ex stepson of my Fathers whom is also an attorney here in Washington state & our Aunts case was in San Francisco, Ca. But he was Attorney in fact for our Dad @ Aunts probate in S.F., Bank of America @ 1st was Executor then it passed on to the S.F. Public Administrators office( x 3 different hands)... whom ALL 3 were terminated for fraud while handling my Aunts estate which is/was worth literally Millions & Millions of Dollars... My Sister & I were never ever given Notice & we awere to of got half he residuary & our Fathers too if he didn't survive our Aunt, death certificate says a date that WE KNOW IS WRONG! We searched hi & low for our Father for nearly 3 years. His house he had for over 50++ years stood abandoned, nothing in it, just empty...We even filed a missing persons report in the county in lived in.....but still nothing-... Never getting the notice our Aunts probate proceedings cause a domino of things to take place... For #1...NOT 1 of her Brothers or Sisters were competent enough to endure the case...her Sister died 1/4 of the way thru her case by scalding hot water in the bath tub, not a nice time... My Dad was already dead & this is why we were never notified...Had we of been notifed WE WOULD OF MADE THE EX STEPSON "PROVE IN PHYSICAL FORM" THAT OUR DAD WAS INDEED STILL ALIVE! We tried toget a hold of him when looking for our Dad, called an attorney that lives here in Oly. with the guy saying we had the wrong person. COME TO FIND OUT IT WAS HIM!! HE DELIBERATELY LIED TO US...Also told the funeral director my Dad had no children KNOWING damn well he hasd 3 Daughters! ALL of it was to buy himself more time & time to steal BOTH my Dads & my Aunts estatre. He even gt his real Dads estate too. We got NOTHING~...

Joseph Michael Pankowski Jr

Joseph Michael Pankowski Jr

Posted

I'm not licensed in California, so you will need to retain California counsel. Good luck to you.

Posted

This would only possibly create an "issue" if a child were to pre-decease your brother. If all children of your brother were living, then the language is the same. If one child was deceased but had then living children, the issue becomes what to do with the share of the deceased child. Under the first "living children" only the living children are allocated a share and the child of the deceased child get nothing.

Under the second, its not a clear and with out more in the document, California would default into the grandchildren stepping into their father's shoes.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

Asker

Posted

What if ax Ex stepson of my Fathers whom is also an attorney here in Washington state & our Aunts case was in San Francisco, Ca. But he was Attorney in fact for our Dad @ Aunts probate in S.F., Bank of America @ 1st was Executor then it passed on to the S.F. Public Administrators office( x 3 different hands)... whom ALL 3 were terminated for fraud while handling my Aunts estate which is/was worth literally Millions & Millions of Dollars... My Sister & I were never ever given Notice & we awere to of got half he residuary & our Fathers too if he didn't survive our Aunt, death certificate says a date that WE KNOW IS WRONG! We searched hi & low for our Father for nearly 3 years. His house he had for over 50++ years stood abandoned, nothing in it, just empty...We even filed a missing persons report in the county in lived in.....but still nothing-... Never getting the notice our Aunts probate proceedings cause a domino of things to take place... For #1...NOT 1 of her Brothers or Sisters were competent enough to endure the case...her Sister died 1/4 of the way thru her case by scalding hot water in the bath tub, not a nice time... My Dad was already dead & this is why we were never notified...Had we of been notifed WE WOULD OF MADE THE EX STEPSON "PROVE IN PHYSICAL FORM" THAT OUR DAD WAS INDEED STILL ALIVE! We tried toget a hold of him when looking for our Dad, called an attorney that lives here in Oly. with the guy saying we had the wrong person. COME TO FIND OUT IT WAS HIM!! HE DELIBERATELY LIED TO US...Also told the funeral director my Dad had no children KNOWING damn well he hasd 3 Daughters! ALL of it was to buy himself more time & time to steal BOTH my Dads & my Aunts estatre. He even gt his real Dads estate too. We got NOTHING~...

Posted

The reason for doing it this way is to divide the shares among the living children only, not among the living children and the heirs of any dead children. It is important to write will clearly to make the intent obvious.

Asker

Posted

What if ax Ex stepson of my Fathers whom is also an attorney here in Washington state & our Aunts case was in San Francisco, Ca. But he was Attorney in fact for our Dad @ Aunts probate in S.F., Bank of America @ 1st was Executor then it passed on to the S.F. Public Administrators office( x 3 different hands)... whom ALL 3 were terminated for fraud while handling my Aunts estate which is/was worth literally Millions & Millions of Dollars... My Sister & I were never ever given Notice & we awere to of got half he residuary & our Fathers too if he didn't survive our Aunt, death certificate says a date that WE KNOW IS WRONG! We searched hi & low for our Father for nearly 3 years. His house he had for over 50++ years stood abandoned, nothing in it, just empty...We even filed a missing persons report in the county in lived in.....but still nothing-... Never getting the notice our Aunts probate proceedings cause a domino of things to take place... For #1...NOT 1 of her Brothers or Sisters were competent enough to endure the case...her Sister died 1/4 of the way thru her case by scalding hot water in the bath tub, not a nice time... My Dad was already dead & this is why we were never notified...Had we of been notifed WE WOULD OF MADE THE EX STEPSON "PROVE IN PHYSICAL FORM" THAT OUR DAD WAS INDEED STILL ALIVE! We tried toget a hold of him when looking for our Dad, called an attorney that lives here in Oly. with the guy saying we had the wrong person. COME TO FIND OUT IT WAS HIM!! HE DELIBERATELY LIED TO US...Also told the funeral director my Dad had no children KNOWING damn well he hasd 3 Daughters! ALL of it was to buy himself more time & time to steal BOTH my Dads & my Aunts estatre. He even gt his real Dads estate too. We got NOTHING~...

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