Legal Question in Wills and Trusts in California

I am a beneficiary in my stepfather’s trust. He pasted way last November. My sister is also a beneficiary. She suddenly passed away three days ago. I informed the trustee, and told her my sister’s husband’s name. The next day the trustee informed me the trust will exclude descent beneficiaries. My question is does that apply to beneficiaries who pass away after the trustor. The way I read the trust, it sounds like beneficiaries who pass away before the trustor, are excluded. It does not specifically address beneficiaries who pass away after the trustor. It does (in legalese) discuss procedures to deal with incapacitated or deceased beneficiaries. So I think her share would be included in her estate and pass to her survivor’s.


Asked on 1/13/24, 6:27 pm

1 Answer from Attorneys

There is no way to answer this for certain without reading the trust documents. Generally, however, only beneficiaries identified by name or category such as "my grandchidren," can share in the trust. So if the trust does not say someone gets your sister's share when she passed, her share normally would go to the remaining living beneficiaries identified in the trust, not her survivors who are not named in the trust.

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Answered on 1/14/24, 12:33 pm


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