Legal Question in Wills and Trusts in California

Moms has trust in Nevada, but took house out of trust to refinance it. Trust beneficiaries are me and my brother. My brother died before moms house was probated. Who will get my brothers half of the house ... his wife or his children.

Asked on 6/02/19, 10:28 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

If the house was named as a trust asset, CA allows the house to be put back into the Trust and be distributed as stated in the Trust. If your brother was alive when Mom died, then the gift was his (depending on survivorship clause) and will pass per the terms of his Will or Trust. If the brother died without a Will, then the wife and children will share in the inheritance.

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Answered on 6/03/19, 6:33 am

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