Legal Question in Wills and Trusts in California
Our half sister was left a specific gift in our Aunts will.Our Dad was left the residuary. Our Uncle was disinhertitred & our other Aunt was disinherited along with all their descendants too.The will was our Aunts. In the accounting it shows that a 1997 trust was set up for the 2 that were disinherited & their siblings, my Aunt died in 1996. My Aunt also said that the our dads children, it says "In this will I have left a large portion of my estate to the then living children of my Dad if he does not survive me. OK, GREAT, I understand the if he does not survive me clause. What I dont understand is why did the disinhertited person that my Aunt specifically disinhertited end up with a trust? In 1997 & she did NOT want them getting ANYTHING! How was a trust set up for 1997 then? Also, our half sister got a specific gift & I understand that, but why were we not notified too? We are the then living children. Our names are in the will as Nieces, but our sister is named by her name. We should of been notified right? Actually wouldn't that of made us pretermitted heirs?< NOT pretermiitted children, but pretermitted heirs.
1 Answer from Attorneys
The term pretermitted or omitted heirs only applies to children and spouses, not to other relatives, and only applies to children born after the date of the will or marriages after the date of the will.
Did the Will go through probate? There could have been another document that established a testamentary trust in 1997 or a settlement related to a will contest. You need to contact the executor or trustee to understand how the trust was estabished. Also, people disinherit for various reasons and not always because they did not want the people to receive anything.
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