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?
3 Answers from Attorneys
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.
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
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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.