What to do if my grandmother’s Will stated that I will inherit my father’s money when he die but he remarried before she died?

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What to do if my grandmother’s Will stated that I will inherit my father’s money when he die but he remarried before she died?

After she passed away my father and stepmother had 2 children. Since he lives off the income from the inherited trust and I am the only beneficiary named in the will for the trust (grandmother disapproved of new wife and purposely left her out). Who gets the money when father dies? The principal has never left the trust only the income it generated. He is co-trustee with his brother.

Asked on April 21, 2013 under Estate Planning, California

Answers:

Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

The beneficiary of the trust, your father would take under the terms of the trustupon grandmother's death. You would be advised to advise your father to prepare a trust to receive the benefit from your grandmother, so he can control the distribution after his death. Should he die first, before the grandmother, and she did not change the terms of the trust, then his share will be split between his beneficiaries, which would be you and the other two children, as they would be pretermitted heirs, meaning not named, one way or the otherin the will or trust,  as to whether they receive any of father's estate..


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