Exactly what does residue mean as a legal definition, and how is it important in a California probate claim?
” Residue” suggests rest– the rest of an estate that is not otherwise distributed. Such a rest is often a vital monetary component of a probate. A “Residuary” provision in a Will or Trust is in some cases called an “omnibus clause.” That is a provision that often determines the recipients who are to get remaining residential or commercial property not otherwise dealt with, after-discovered home or payment on unpredicted contingencies. It can be easy or sometimes rather difficult regarding exactly what is remaining home.
As an example– if a Will or Trust offers that $10,000 is to go to Jim and $10,000 to Julie with the remainder to Gary, a $25,000 estate would yield $10,000 each to Jim and Julie and the staying $5000 to Gary. If home is later on discovered, depending on the language in the residuary of omnibus stipulation, the recently found residential or commercial property will likely go to Gary. This is so whether the amount is large or little.
California probate lawsuits can develop from a plethora of files, residuary clauses, recipient designations and a host of other issues. Lawsuits with regard to the residue is typically hard combated and loaded with interesting twists and turns. The residue might be a deposit on an energy account or a long overlooked securities account with thousands of shares of utility stock. You can see how residue becomes important.
A close reading of the Will, Trust and other estate files (including retirement accounts, checking account, insurance plan, safe deposit records and securities) must be made in order to make a preliminary decision of residue. The nature of a residuary stipulation is that things that are not otherwise specifically pointed out enter into the residue. “I give my elegant red sport coat to my cousin Gary.” If I do not particularly discuss my orange tuxedo or otherwise usually discuss it (” all my personal effects to Gary”), then the orange suit goes into residue and is dispersed to the recipients or successors discussed in the residue clause.
Residue is often comprised of stopped working presents. Whatever the scenarios when there are probate, estate and trust battles over residue (1) the properties need to be accounted for, (2) the rightful heirs of the residue should be determined, and (3) and organized circulation figured out (by order or specification).