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If an item that belonged to my deceased mother is not

Customer Question
If an item that...

If an item that belonged to my deceased mother is not included in her will are there next of kin laws inplace for the eldest to recieve it?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Calirnia

Lawyer's Assistant: What documents or supporting evidence do you have?

I dont my younger half sister is the executor. and we were left to divy up but i am the eldest daughter and i have no siblings other than the half sblings and they are all 10 plus years younger than i

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is the china that was my mothers mothers .and that has always been something i expected to be mine

Submitted: 6 months ago.Category: Estate Law
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1/3/2018
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 22,396
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Estate Lawyer: Phillips Esq., Attorney-at-Law replied 6 months ago

My deepest sympathies for your loss.

If the item was not specifically mentioned in the Will, the item must be distributed pursuant to the "catch all provision" in the Will. This is the rest and residue provision of the Will. Every well drafted Will has one. If there is no rest and residual provision--if there is no residual clause, then the item must be distributed pursuant to Intestate Statute of your State. See California Probate Code Sections 6400-6414.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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