Legal Question in Wills and Trusts in California
Trust Interpretation
My father died leaving a Trust. After the naming of three beneficiaries he had a choice of two boxes to check one said "or the survivor of them" the other said "per stirpes". He checked "or the survivor of them" Two beneficiaries say this meant he wanted the property to be transferred to the beneficiaries as joint tenants instaed of tenants in common the other said is doesn't mean that.
What does it mean?
2 Answers from Attorneys
Re: Trust Interpretation (per stirpes)
First, "per stirpes" means that children of a deceased beneficiary would take that beneficiary's share.
"Or the survivor of them" means that only the beneficiaries who survive the donor will share the gift. They take it as tenants-in-common, not as joint tenants.
The confusion may come from joint tenancy's full name, which is "joint tenants, with right of survivorship."
Re: Trust Interpretation
"Or to the survivor" means that if one dies before the death of the trustor, it goes to the remaining 2 and does not descend to the deceased beneficiay's children which is what "per stirpes" means. This does not mean joint tenancy. If that is meant it would have to say so. The property would be held as tenants in common.
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