Legal Question in Wills and Trusts in California
My mother died with a living trust naming her children as beneficiaries. As successor beneficiaries, she specified each child's "issue." The estate trustee distributed equal portions to each beneficiary, retaining a fund to pay 10 years' worth of fees on a piece of undeveloped real estate. All the children agreed to the arrangement. My brother (a bene.) died this year. His will and living trust name his spouse as his beneficiary. His attorney says my brother was vested, my mother's trust is irrevocable, and my brother's share of set-aside funds, if any shall remain, goes to his spouse, not to his child. Is this correct? Thanks so much!
1 Answer from Attorneys
Cannot be sure without reviewing the relevant documents, but your brother's attorney is probably correct that your brother's share of the set-aside funds are an asset of his estate. If you have reason to doubt the attorney's judgment, get another lawyer to review the trust and the agreement re the funds which were withheld.
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