Legal Question in Wills and Trusts in California

My stepmother has a Living Trust in which she names my two brothers and I as sharing in the trust property (house) in equal shares in point 1 of beneficiaries. The 2nd point in the trust says 'All of "stepmother's' interest in the trust property not otherwise specifically and validly disposed of by this Part shall be given in equal shares to ' X and Y (my two children)'. and All my personal property". That's all there is under beneficiaries. The personal property is supposed to go to my kids, as it says in another place.

What does that 2nd point mean? Is that passing on the property to my kids if any of the three of us named in Part 1 predecease her? If not, is there anything here that tells what DOES happen to the property share of my brothers and I should any of us predecease her? If not, what does happen to it? Split among the other two survivors?


Asked on 8/22/16, 3:30 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

It would be necessary to review the document to give you a reliable response. Even then, it sounds like there might be some ambiguity!

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Answered on 8/22/16, 4:05 pm


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