Legal Question in Wills and Trusts in California

Re: california trust/wills

I am sorry to hear of your father's passing, luckily it sounds like he was prepared enough to have a trust and avoid probate.

The paragraph you wrote is referring to intestacy (dying without a will) succession of property. It is a bit confusing because of the wording, I would need to read the rest of the trust to know for certain its intent.

I must also note that it is odd to have a trust with such a fall back provision. Generally successor beneficiaries and trustees are named. Sounds like a mill-trust (store bought) one to me.

If you are close to Pasadena, we'd be happy to review it for you and give you a better opinion. I can be reaced at the email provided by LawGuru or through our firm's site at PasadenaEstatePlanning.com.

Re: california trust/wills

That's a fall back clause. If none of the people (probably your father's children and grandchildren)who are named as beneficiaries of the trust had survived him, the trust estate would be distributed according to the intestacy (dying without a will or trust) provision of the probate code. Since you and siblings are alive, it is will not come into effect.