Q: Can we inherit? My deceased father is named as a beneficiary on my grandma’s living trust, as well as my uncle (CA).

A: Please know people can do whatever they want with the assets they own. There is no automatic right for children to inherit their parents’ assets. You can do whatever you want with the things you own; no one can require you to spend it or give your assets to a particular person or entity — except the government, which requires us to pay taxes. So, whenever someone asks me if they can inherit something, I say anyone can inherit anything. The real question is this: What does the owner of the assets want to do with their own assets? Again, they can do whatever they want so long as it’s legal. Pressuring someone against their will to give their assets to a person is called elder abuse, and the person doing the pressuring can be sued for that. So, we need to let people do what they want to do with their assets. But, if someone has no trust or will saying to whom they want their assets to go, then the probate laws say who will receive the assets. I hope that helps!

A: In California, whether you can inherit your father’s share from your grandmother’s living trust depends on the specific terms of the trust document. If the trust includes “per stirpes” language, your father’s share would typically pass to his descendants (you and any siblings). However, if the trust does not include such language or a similar provision, the outcome will depend on how the trust is structured.

If the trust does not specify what happens when a beneficiary predeceases the grantor, the share may pass to the surviving beneficiary—in this case, your uncle. The default rules can vary depending on the trust’s wording and the intent of the grantor, which might need to be interpreted by a court or trustee. Reviewing the trust document is essential to determine how these situations are addressed.

If you don’t find clear guidance in the trust, you may want to explore legal advice to ensure your rights are fully understood. A review of the trust document’s exact language is critical, as seemingly small details can make a significant difference in how the assets are distributed. Without specific provisions, the trust’s interpretation may rely on California law and the trustee’s judgment.