Legal Question in Wills and Trusts in California

In a State Of California Living Trust, There are 3 Beneficiary's. 2 of whom are from the current marriage and 1 of whom from a previous marriage. The Trust states that "All real property situated therein IN TRUST shall be for the use and benefit of the following THREE persons, in equal shares, OR THE SURVIVOR OF THEM". It then goes on to name the three children noted above. My question is. The 2 children from the current marriage predeceased the trustees whom both died at the same time, which left only the 1 child from the previous marriage. However, 1 of the 2 children from the current marriage had 1 survivor. Now, does that mean that now, since only 1 child is left under the originally named beneficiary's, that person left, gets everything in the trust? Or, because there is 1 survivor from an originally named beneficiary, it should be split into equal shares between the 1 originally named beneficiary and the survivor. Also, i wanted to know does only the originally named beneficiary have the right to tell the Successor Trustee to sale the property, or does it have to be agreed upon by both. Basically, the last living named beneficiary has declined to act as Trustee and has given it over to the Public Guardian to be appointed Successor Trustee. The only remaining named beneficiary has also requested that all real property noted in trust be sold. However, the survivor of the other named beneficiary does not want the real property, more importantly, the house named in the trust, to be sold. Does that survivor have a right to keep the house from being sold? Thank you.


Asked on 8/27/10, 12:34 pm

2 Answers from Attorneys

Gary R. White Burton & White

The entire trust would have to be reviewed in order to answer your questions.

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Answered on 9/01/10, 1:24 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Your many questions demonstrate that you need to retain a qualified attorney to provide you with advise and recommendations regarding this trust, how it should be interpreted, and how to administer the trust. If the Public Guardian has already been appointed successor trustee by the court, your options will be limited.

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Answered on 9/01/10, 1:51 pm


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