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Wills and probate

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D

David Pinel

Guest
What is the name of your state? California

A foreign person (ie, someone not resident in the U.S.) makes a will in a foreign country disposing of 'all his movable and immovable property'. He does not specify his investments in California (mutual shares and money). The will is a holographic will which is valid according to the law of the place where it was made (which is also his domicile). There is one beneficiary who is also the sole executor.

My question is whether the beneficiary would be entitled under the will to the assets in California (even though California is not mentioned in the will), and whether the will would have to go through the probate process in California.

Thanks very much.
 


Dandy Don

Senior Member
It is most difficult for anyone posting to this message board to be able to provide a definitive answer, since we don't have access to the actual language of the will.

What county did the person die in?

The decedent may have possibly forgotten to mention the assets in California.

The beneficiary/executor has the right to claim the assets in California IF they know about them.

Are you a relative who possibly has an interest in this estate?

What are the California assets worth?

The will may possibly be probated again in California to provide evidence of the decedent's intentions.

DANDY DON
 

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