Legal Question in Wills and Trusts in California

In granting a life estate to his wife, my dad’s trust states that the Grantor’s spouse shall be granted a life estate in the following real property (insert name of property) with the remainder to the Grantor’s son. Is the use of the word “remainder” sufficient in conveying that the son will get 50% of the father’s share? Or should “residuary beneficiary” be used. That sound interchangeable to me.


Asked on 5/05/17, 12:31 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

Without seeing the complete document, the way a life estate normally operates is that the Grantor's spouse has full rights to occupy the property during her lifetime and then upon her death the property goes 100% to you. The Trust may specify who is responsible for taxes and maintenance and that can be a potential area of dispute. If your father has passed away, I recommend that you consult with an attorney to review the complete Trust and to advise you of all of your legal rights and obligations.

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Answered on 5/05/17, 1:33 pm


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