Legal Question in Wills and Trusts in California

Depends on what it says in the document. If silent, depends on the relationship between the two persons.

The default rule is that the gift lapse and falls back into the pot, unless the beneficiary is related to the person making the will or trust, in which case it passes to the beneficiary's children by right of representation (go ahead and Google that for a better explanation).

But that's the default rule. Ms. Cusack is correct in that the will or trust would have to be reviewed because, depending on its terms, the default rules may or may not apply.