Legal Question in Wills and Trusts in California

We have 3 adult children who have children of your own, one of our children has passed away, in doing our living trust, can we just split everything between our 2 surviving children or do we have to give 1/3 of our estate to our our sons children?


Asked on 2/20/10, 1:37 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If the trust is not yet written and executed, you can specify the division of the property any way you want. You definitely should mention that your son has predeceased you.

Read more
Answered on 2/25/10, 2:33 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You can do anything you want with your money/assets and there is no requirement that you give anything to any specifc person, including as in your case, the children of your deceased son. The most important thing to do is to make it very clear what you want to happen with your money/assets and that you are intentionally not leaving anything to those children. As Mr. Cohen notes, you should mention that your son predeceased you. You should also mention that he has children who are not receiving anything. If you would like assistance with this project, please do not hesitate to call us.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Read more
Answered on 2/25/10, 9:31 am
James Bame San Diego Law Office

Yes any way you want, however, you should have had this question answered by the attorney draftin g your trust. Don't do this with an out of the box kit or by yourself. It requires legal representation. This office prepares Living Trusts for very reasonable fees. Contact me directly.

Read more
Answered on 2/25/10, 10:35 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California