Legal Question in Administrative Law in California

Re: living trust surival

The right place to ask this question on LawGuru would be a heading such as "wills, trusts and estates" rather than Administrative Law. Although estates are "administered," the topic of administrative law refers to governmental agencies and their rules -- zoning boards, the Public Utilities Commission, and that sort of thing.

Having said that, let me try to be a bit helpful. First, your responsibility as trustee of your father's will has to be foremost in your thinking. Figure out (get an estate lawyer's help if you have the slightest doubt) where all of your father's property goes according to the terms of his trust. You didn't say whether your brother survived 45 days or not; that's important.

After that, determine who is entitled to administer your brother's estate. Remember, your brother has an estate, whether or not that estate also includes anything inherited from the father, and you being your father's trustee does not automatically entitle you to step in and handle your brother's estate too! If your brother did not provide by will or trust for an executor and/or trustee, the law may require appointment of an administrator to do so. Probate Code sections 7000, et seq. There are exceptions for small estates.

Was your brother married at the time of his death? This will have some effect upon how his property is distributed. A sixteen-year-old is fully able to inherit, just as though he were an adult.

Once again, keep the two estates separate in your thinking; don't re-apportion your brother's property in your mind until you've completely figured out what happens to your father's property; then, don't re-apportion your brother's property in real life unless you are his trustee or executor.