Legal Question in Wills and Trusts in California

Re: Trust versus the Will

You are correct as to the relationship between a Trust and Will; only assets not in the Trust get distributed through the Will. If by saying that the Trust is in their names alone you mean that they are the only two beneficiaries as opposed to being the trustees, the on her death he would get the house. The property will pass as per the Trust instructions. Perhaps it says that when he dies the property goes to you and your sister. I assume he is your step-father and there is not the best possible relationship. Under California community property law, he would have been entitled to half of the assets obtained from their joint efforts, so perhaps he is not getting that much from the Trust that he would not have gotten in any case.