In applying the Anti-Lapse Statute in California where a lapse gift does not pass by intestacy but passes to the other residuary beneficiaries first, and the kind of family beneficiary for the Anti-Lapse statute to apply is if the person is kindred (even current or former spouses; however does not refer to spouse herself). Furthermore, the Anti-Statute would not apply in California if there are words that demonstrate a contrary intention. Specific gifts; and Anti-Statute does not apply, goes to residuary. General gifts; the lapsed gifts goes to the residuary. General gifts; when Anti-Statute does not apply goes to the residuary. However California does not follow the common law rule thus the lapsed gift passes to the other residuary beneficiaries first then by intestacy.

Thus, if my husband had the following dispositions in his will: I leave my cabin to my sister which is worth $180,000, I leave a piece of art to my friend Paul which is work $20,000, I leave a charitable donation of $50,000 to the from my Wells Fargo Savings account to the Cancer Society, and then the residue to my daughter Samantha.

When my husband wrote the will he had over $500,000 in his bank accounts and his intention was that his daughter receive the majority of the estate. Soon after he wrote the will, we married, however my husband never rewrote his will. During our honeymoon my husband became very ill and I had to spend most of his bank funds to cover the complex surgery, medical flight back to the United States but unfortunately he passed away soon after.

Now, my husband has only $50,000 left in his Wells Fargo Savings Account, $10,000 left in the checking account; but he had no other assets besides the cabin and the artwork.

I am entitled to a percentage of the value of the cabin and artwork I'm I entitled to any money from any of my husband's accounts? Because my husband had a fixed amount for the charity, will there be anything left and since the cabin and painting are specific gifts and not part of the residue. With only $60,00 cash at his death.

Since there are no words that demonstrate a contrary intention, I believe that my husband's sister is entitled to the cabin, my husband's friend Paul is entitled to the artwork. Furthermore, since the gift to the Cancer Society is a general gift and the Anti-Statute applies in California, after paying $50,000 to the charity, only $10,000 is left -- I believe both of us are entitled to the remaining $10,000; however since it the lapsed gift goes to the residuary first then by intestacy, I would receive nothing correct?