Legal Question in Wills and Trusts in California

Right of Representation

My father's trust states that "if a final beneficiary predeceases the grantor, the deceased beneficiary's share of the trust shall be distributed to his children who survive by right of representation"? What does "by right of representation" mean? Does it include the deceased beneficiary's stepchildren?


Asked on 6/27/00, 8:33 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Right of Representation

generally no, unless he adopted them.

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Answered on 9/05/00, 6:41 pm
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Right of Representation

Right of representation means descendants or ascendants and maybe siblings if there are no descendants or ascendants. This does not include step children.

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Answered on 9/05/00, 7:12 pm


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