Legal Question in Wills and Trusts in California

Trustee here, lawyer died. Sister died before mom. Sold parents home and need to dispence parents trust. Passed sister had son that passed before her, and he had 3 children. She adopted one, was trying for other 2. So, I give to sisters now 3 kids ( that includes adopted grandchild ) but how do I take care of the other 2 grands? Do they split their dads? Or do they get a full share like the 3 "kids" of my sister? In the trust its says to give equally to my sisters ISSUE, so I take that to mean the 2 grands not adopted, should get the same share as sisters real children, but not sure. I truly see both sides. Her kids dont want their share spit with the grands and feel thats not fair, but if I do it they're way, 1 grand gets more than his 2 siblings, just cause he was lucky to be adopted 1st. Can you help? Thank you, trustee


Asked on 6/17/12, 9:39 am

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

This is a complicated question. You might have to petition the court for instructions, unless you can negotiate an agreement amongst the putative heirs.

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Answered on 6/18/12, 5:49 pm


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