Thank you for responding. Im just going to post the document so that you can see it. Mark is the older brother and Jim is the younger brother.
General Tangible Personal Property -To Spouse, Holographic Codicil, Children: I give all my jewelry, clothing, household furniture and furnishings, books, and other tangible articles of a household or personal nature, or my interest in any such property, not otherwise specifically disposed of by this will or in any other manner, to my spouse, if my spouse survives me; but if my spouse does not survive me, then I give such pr... the terms a holographic codicil that I intend to write. If no such codicil is in existence at the date of my death or to the extent that my general tangible personal property is not disposed of therein, I give said property to my children who survive me, in substantially equal shares as they may select on the basis of valuation. If none of my children survive me, these gifts shall lapse and pass as part of the residue of my estate.
Dividing Tangible Personal Property -Executor to Decide: If my children cannot agree on a division of the tangible personal property, the executor shall divide it among them on any basis that the executor, in the executor's absolute discretion, deems equitable, having due regard for my children's personal preferences.
Residue -To Inter Vivos Trust: I give the residue of my estate to the trustee then in office under that trust designated as the **** FAMILY TRUST, executed earlier this day, by myself and my spouse as settlors and co-trustees, as part of the trust~ to be administered and disposed of in accordance with the provisions of the trust, including any amendments made to it before or after my death. If for any reason this disposition is inoperative or invalid, or if the trust referred above has failed or has been revoked, then I give the residue of my estate to the trustee named in the present provisions of that trust agreement to act after my death, to be administered in trust as provided in the present provisions of that trust agreement which, for such purpose, I incorporate by reference into this Will.
Executor: I nominate as executor and as successor executors of this will those named below. Each successor executor shall serve in the order designated if the prior designated executor fails to qualify or ceases to act.
First: ROBERT M. ********
Second: MARK B. ******
Third: JAMES L. *******
Bond -Waiver: I request that the court not require bond of any executor nominated in this will.
Independent Administration -Permitted: The executor may administer my estate under the California Independent Administration of Estates Act.
SELL ASSETS: The executor shall have the power to sell, with or without notice, at either public or private saIe, for cash or terms, any property of my estate as the executor, in the execuror's reasonable discretion, considers necessary for the proper administration and distribution of my estate.
Distribution of Property -In Kind, Non Prorata, at Date of Distribution Values: The executor shall have the power to determine what property of my estate shall be allocated to the shares, parts, or bequests in selecting property for distribution or satisfaction of any bequest. Further, the executor may satisfy any general pecuniary bequest, except when specifically directed otherwise, by cash or in kind, or partly in each, with property distributed in kind valued at the date of distribution.
NO CONTEST, DISINHERITANCE, DEFINITIONS
No Contest -Contestant Disinherited: If any beneficiary under this will in any manner, directly or indirectly, contests or attacks this will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.
Disinheritance -General: Except as otherwise provided in this will, I have intentionally omitted to provide herein for any of my heirs, or persons claiming to be my heirs, living at the date of my death, whether or not known to me.
Survivorship Requirement: For all gifts under this will, I require that the beneficiary survive me for thirty (30) days before entitlement to such gift.
Dermitions: As used in this will, the following terms shall mean:
(1) "DescendantsIt shall mean lineal descendants in any degree of the ancestor designated and shall include persons adopted during minority.
(2) The masculine, feminine, or neuter gender and the singular or plural number shall each include the others whenever the context indicates.
(3) Clause headings are for convienence only and shaIl be disregarded when construing this will.