Legal Question in Wills and Trusts in California

That depends entirely upon the exact wording of the Will. I would have to see the Will first to give a definite answer. If the Will states that the assets are left to be split up among the three children, then it likely will be divided in three and 1/3rd goes to the heirs of the deceased child. If it says divided among my living children then it is split 50-50. There are several variations in language used that could exist and would result in different outcomes. There also is the issue of what did your mother actually want and what are the third possible heirs willing to agree to.

When a devisee or legatee dies after the testator (mother) executes her will but vefore the will becomes effective, the gift to him or her "lapses."

If there is an alternative disposition made by th ewill, the alternative is given effect. If there is no alternative provision, California's anti-lapse statute takes effect. That statute is Probate Code section 21110. http://law.onecle.com/california/probate/21110.html

This usually means that the deceased heir's children or kindred take in their place.