Q: If 2 brother's are left a house in a trust, 1 brother dies, does his half go to his kids?

A: If your father and uncle were co-beneficiaries of a trust that owned a house, and your father passed away, his share of the trust could potentially pass to his heirs, which may include you and your brother. However, this depends on the specific terms of the trust document, which outlines how the assets should be distributed upon a beneficiary's death. If the trust stated that your father’s share goes to his children, then you and your brother might have a claim to that portion.

Given that the house was sold without your knowledge, and you were not informed of the trust, it’s possible that your rights as potential beneficiaries were overlooked. The fact that your uncle sold the property without consulting you could be problematic, especially if your father’s share was intended to pass to you and your brother.

To determine if you have a case, you would need to obtain a copy of the trust document. This might involve reaching out to the attorney who drafted the trust or filing a petition with the court in California to access the trust records. It may be worth investigating further to ensure that your rights were not violated when the house was sold.

A: My response will depend on whether your uncle is still alive and also what the terms of the trust state. For example, the terms of the trust should state whether a beneficiaries issue steps into their shoes if the beneficiary passes prior to distribution. Absent the information relating to whether your uncle is still alive, my response would remain subject to change.