>CALIFORNIA TRUST/PROBATE UPDATE

>Estate of Tolman (California Court of Appeal, 2nd Appellate Dist., February 11, 2010)

In her Will decedent Tolman left a share of her estate to her daughter. However, Toleman’s daughter predeceased Toleman. The Will also contained a clause excluding from inheritance any heirs not specifically named in the Will. The daughter was survived by a son who was not named in the Will. Nevertheless, the court held that the daughter’s son was entitled to his mother’s share of Tolman’s estate pursuant to anti-lapse statute Probate Code §21110 although the son was not named as a beneficiary in the Will.

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