Legal Question in Wills and Trusts in California
Probate Law
Our grandmother recently passed away and we know that she has a very large estate. She has four children, who would be direct heirs, however our father was one of her heirs and he is deceased. If our grandmother changed her will to a living trust, how does that change the inheritance laws? And how do we, as grandchildren, get access to the terms of the will?
2 Answers from Attorneys
Re: Probate Law
Assuming that she has a will she may have left it directly to her children. If so, there may be a term in the will regarding what happens to the share of one of her children that predeceases her (dies before her).
That child's share may go to that child's heirs, or could be simply shared by the other children. It all depends on what she had in her will.
Same goes for the trust.
You will need to request a copy of the will and/or trust from the trustee of the trust or the executor of the will. If she had an attorney you can request it directly from the attorney. The request should be in writing.
Re: Probate Law
Trust will not change the distribution; the person will determine the distribution in the trust. You can ask the trustee for a copy of the trust.
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