Legal Question in Wills and Trusts in California
HOUSE INTtRUST TO BROTHERS, WHAT HAPPENS IF ONE SHOULD DIE ? SOES THE TRUST JUST STAY WITH THE SURVIVING BROTHER OR DOES THE DECESED CHILDREN HAVE RIGHTS TO THE HOUSE
Asked on 11/10/14, 9:50 am
3 Answers from Attorneys
Len Tillem
Tillem McNichol & Brown
It's necessary to read the trust document to answer your question.
Answered on 11/10/14, 10:34 am
Aaron Feldman
Feldman Law Group
A properly drafted Trust will say how that situation should be handled. It could provide for the children of a deceased child or have other language. Whose trust is this? The best advice is to meet with an attorney who can review the trust with you.
Answered on 11/10/14, 3:10 pm
William Christian
Rodi Pollock
I agree. You need to read the trust instrument itself. If it does not say, then there are statutory provisions as a back up.
Answered on 11/11/14, 1:20 pm