Legal Question in Wills and Trusts in California

Hello. Regarding Legal Issue. I live in Northern California, My mother left a trust but in reading it 5 years after it was drafted, the language is vague. Example: Exhibit A lists her residential property (home) and 2 savings accounts. The savings accounts specifically list myself for one and a sibling for the other. However, regarding the home, the language if vague. A final statement is this: " THE RESIDUE OF MY ESTATE SHALL BE DISTRIBUTED TO MY SURVIVING ISSUE BY RIGHT OF REPRESENTATION."
Note: our sister, mother's third child passed some years ago. Her children ( Mother's grandchildren) are now adults. If/ when
mother's home sells, do the 2 grandchildren of mother's deceased child receive 1/3 of the profit from the sale of the home ?
Thank you. CJ

Asked on 8/10/16, 10:10 pm

2 Answers from Attorneys

Scott Jordan Jordan Law Office

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Actually, the language you cite is quite clear. When the house sells, the net proceedings are to be distributed to your mother's surviving issue. Issue is a legal term for children, grandchildren, great-grandchildren, etc.

So, when the money is ready to be distributed, it should be divided into 3 separate piles (assuming your mother only had 3 children). The pile designated for your deceased sister is then to be divided into two piles, one each for her children.

Answered on 8/11/16, 10:58 am

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