Legal Question in Wills and Trusts in California

I would have to see the exact wording of the will but if they were left out it would seem to a judge that her intent was to not leave anything to the grandkids.

Mr. Seidler is probably correct. However, to be safe, you should schedule an appointment with a local estate planning attorney to review the documents for more specific advice.

Individuals do sometimes decided to leave their estate to their surviving children, as opposed to providing for their grandchildren or any heirs of predeceased children. It sounds like that is what your mother decided to do here. Under Probate Code � 16061.7, the successor trustee is suppose to serve a notification by trustee on all interested persons, including any potential heirs such as the grandchildren. This notification includes specific information such as the name of the successor trustee and location for administration of the trust, as well advising the heirs and interested persons that they can request a copy of the terms of the trust (the trust document). The notification also advises them that they have 120 days from the date of the notice, or 60 days from the date they receive a copy of the trust document, whichever date is later, to contest the trust. In otherwords, the grandchildren are entitled to receive notice and a copy of the trust (if they or their parent/guardian requests it). After the time to contest the trust expires, and all just creditors have been paid, the successor trustee may elect to make distribution of the trust assets to the beneficiaries according to the trust's terms. I agree with the other attorneys that you should have an estate planning attorney review the trust documents first, though.

you should retain a qualified attorney to provide advice regarding the duties and responsibilities of the executor and/or trustee, as well as the issue you have raised.