Legal Question in Wills and Trusts in California

I am getting so confused looking up my problem on the internet. Every site gives you a different answer to the same question. We live in California. My brother passed away in April, 2016. He had a living trust and a last will and testament. In his last will he has a survival requirement of 60 days. My sister passed away 5 months before my brother. My attorney is telling me that my brother didn't transfer the will to his living trust so that requirement does not apply. One website I visited stated that if a beneficiary in a living trust predeceases the will maker, that the gift goes back into the trust. Please help


Asked on 7/13/16, 5:57 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

We can't give you a definite answer without reviewing the documents, but it sounds like the will leaves everything to the trustee of the trust, to be distributed in accordance with the terms of the trust. Therefore the survivorship requirement in the will would not be applicable, and whether your sister's share goes to her children or to the remaining beneficiaries of the trust depends on the terms of the trust.

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Answered on 7/13/16, 6:18 pm


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