Legal Question in Wills and Trusts in California

Attorney At Law

I believe the answer to both questions is NO.

Stepson's rights to inheritance; Is Mother's handwritten note valid?

Regarding the stepson's rights, this first would depend on the language of the trust. Usually a trust will define "issue" or "children," and this will tell you whether stepchildren, foster children, etc. are included or excluded. If the trust does not define this, but leaves it to the Probate Code, section 6454 would probably apply. Under this section, for a stepchild to have inheritance rights, the relationship between the child and step-parent must have begun when the child was a minor, and continued into adulthood, AND it must be shown by clear and convincing evidence that the step-parent would have adopted the child "but for a legal barrier." This is difficult to prove, unless they've got good proof of the legal barrier. For example, the biological parent may have blocked the adoption.

Regarding your mother's note, its validity first depends again on the language of the trust. Does the trust allow your father a "power of appointment" over his inheritance? If so, what form must this power of appointment be in? Usually, a will is required, and the paper you describe may qualify as a holographic will, if your father intended it as such. You should check the trust document--often, they do not provide for appointing property, and often they specify alternate beneficiaries if the primary beneficiary dies before the trust-maker. It sounds like you and your sister are the alternate beneficiaries here.

You should meet with an estate planning/probate attorney (bring a copy of the trust) to get the precise answers to your questions; the answers depend on the trust's language.