Legal Question in Wills and Trusts in California

probate in stepfamily
(1) Parents in stepfamily set up living trust, all assets to be divided equally among the 3 children. Father died 1997, trust divided into A and B. Mother died April 17, 2006.
(2) Mother's brother was found dead April 17, 2006 also, although evidence indicates that he died over the preceding weekend. Death certificate says he was discovered April 17. Uncle left holographic will (signed, dated, in his own handwriting) leaving all his ''worldly possessions'' to his sister - the mother. His will predates his sister's living trust.
Uncle's estate must be probated. Since he predeceased sister, I assume his assets will go into the family trust and be distributed equally to the 3 children. Is there a condition under which the uncle's assets would be distributed only to his ''blood'' heirs, excluding the step-niece?

Asked on 5/09/06, 5:09 pm

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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Re: probate in stepfamily

It would be distributed according to the terms of the trust. Call me directly at 16192223504.

Answered on 5/10/06, 4:12 pm

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