Legal Question in Wills and Trusts in California
Distribution of Income from trust
At a certain time, a trust will be distributed by right of representation to the issue of my father and my aunt. How is that divided? Half to my fathers children and half to my aunts? Or is it divided up equally?
1 Answer from Attorneys
Re: Distribution of Income from trust
If your father and your aunt would have taken equal shares if living, then the issue of your father will share one-half and the issue of your aunt will share one-half, of the distribution.
The issue of your father are his children and if all of them are living they will each receive an equal share. If one child died, but was survived by children and the will calls for per stirpes distrution, then the surviving children of the deceased child would receive the share earmarked for the deceased child.
It's not really that complicated.
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