Legal Question in Wills and Trusts in California
My Aunt passed away recently. The home she lived in was deeded in her name and was passed down to her from my grandparents. In the trust, myself, my brother and my father are the beneficiaries of the proceeds of the sale of the home. My father passed away 18 months ago. His wife is still alive. The question is , does my father's wife have entitlement to his portion of the house if she was not name in the trust?
1 Answer from Attorneys
Usually not. Gifts in trusts ordinarily refer to the person or that person's issue as a default. If nothing is mentioned and the person dies, then the gift would lapse.
Because your father passed away some 18 months prior to your aunt his wife would not have any rights to the aunt's trust estate unless your aunt specifically named her as a beneficiary.