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Estate of Tolman, 181 Cal.App.4th 1433, 104 Cal.Rptr.3d 924, 10 Cal. Daily Op. Serv. 1951, 2010 Daily Journal D.A.R. 2376

Facts

Nellie G. Tolman had two children, Lloyd C. Tolman and Betty Jo Miller. After Tolman's death, her granddaughter, Deborah C. Tomlinson, filed a petition to determine the rightful heirs to the estate, which was valued at nearly $1 million. The will specified that if her husband predeceased her, her granddaughters would receive $10,000 each, and the remainder would go to her daughter, Miller. The will also included a clause stating that Tolman intentionally omitted any heirs not specifically named, which Tomlinson argued should prevent Miller's descendants from inheriting.

The record reflects that Tolman was married to Lloyd E. Tolman, who predeceased her, and with whom she had two children, Lloyd C. Tolman and Betty Joe Miller.

Issue

Did the will's provision indicating that Tolman intentionally omitted any heirs not specifically provided for preclude the application of the anti-lapse statute, allowing Miller's descendants to inherit?

Appellant alleged that the will's paragraph seven expressed Tolman's intention that an heir whom she had not named in the will should not inherit.

Rule

Under California Probate Code section 21110, if a transferee by will fails to survive the transferor, the issue of the deceased transferee takes in the transferee's place unless the will expresses a contrary intention.

Subdivision (b) of section 21110 qualifies subdivision (a) by providing: 'The issue of a deceased transferee do not take in the transferee's place if the instrument expresses a contrary intention or a substitute disposition.'

Analysis

The court analyzed the language of Tolman's will, particularly paragraph seven, which stated her intent to omit unmentioned heirs. However, the court found that this provision did not clearly express an intention to prevent Miller's descendants from inheriting under the anti-lapse statute. The court relied on precedents that indicated a testator's intent must be explicitly stated to override the anti-lapse provisions, concluding that the absence of a specific disinheritance clause for Miller's descendants allowed them to inherit.

The court ruled that this provision did not manifest an intention to preclude Miller's issue from succeeding to the residue of the estate under section 21110, subdivision (a).

Conclusion

The Court of Appeal affirmed the trial court's ruling, allowing Michael Jennings and Miller's grandchildren to inherit from Tolman's estate under the anti-lapse statute.

The order denying appellant's petition followed.

Who won?

Michael Jennings prevailed in the case because the court determined that the will did not sufficiently express an intent to exclude him and Miller's grandchildren from inheriting under the anti-lapse statute.

The court ruled that this provision did not manifest an intention to preclude Miller's issue from succeeding to the residue of the estate under section 21110, subdivision (a).

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