Legal Question in Wills and Trusts in California

Hello. Regarding Legal Issue. I live in Northern California, My mother left a trust but in reading it 5 years after it was drafted, the language is vague. Example: Exhibit A lists her residential property (home) and 2 savings accounts. The savings accounts specifically list myself for one and a sibling for the other. However, regarding the home, the language if vague. A final statement is this: " THE RESIDUE OF MY ESTATE SHALL BE DISTRIBUTED TO MY SURVIVING ISSUE BY RIGHT OF REPRESENTATION."

Note: our sister, mother's third child passed some years ago. Her children ( Mother's grandchildren) are now adults. If/ when

mother's home sells, do the 2 grandchildren of mother's deceased child receive 1/3 of the profit from the sale of the home ?

Thank you. CJ


Asked on 8/10/16, 10:10 pm

2 Answers from Attorneys

Scott Jordan Jordan Law Office

Actually, the language you cite is quite clear. When the house sells, the net proceedings are to be distributed to your mother's surviving issue. Issue is a legal term for children, grandchildren, great-grandchildren, etc.

So, when the money is ready to be distributed, it should be divided into 3 separate piles (assuming your mother only had 3 children). The pile designated for your deceased sister is then to be divided into two piles, one each for her children.

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Answered on 8/11/16, 10:58 am

Mr. Jordan is exactly right. "by right of representation" is a super clear term to lawyers and means just what he said.

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Answered on 8/12/16, 6:51 pm


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