What is the name of your state (only U.S. law)? California
My parents have a living trust and in their trust they have their assets to be divided equally amongst their 5 daughters and if a daughter passes away then her inheritance will go to her children. My mother passed away 6 years ago. One of our sisters passed away in 2008. The remaining sisters asked our father if he would change the trust so that the remaining sisters would inherit the assets and our children would get our inheritance when we pass away. My father said he thinks his daughters should split everything equally. We called our lawyer and he said when they did their trust it was set up so that if one or the other passes then the trust can't be changed by the living spouse by adding a new spouse to the trust so it cannot be taken from the children. Our lawyer said that my mothers 1/2 could not be changed but my father could sign a "Power of Appointment" where my father's 1/2 would be divided amongst the remaining daughters, however, my mothers 1/2 would still be divided amongst the remaining daughters and the deceased mothers children. Can anyone tell me if this can be changed or not.
My parents have a living trust and in their trust they have their assets to be divided equally amongst their 5 daughters and if a daughter passes away then her inheritance will go to her children. My mother passed away 6 years ago. One of our sisters passed away in 2008. The remaining sisters asked our father if he would change the trust so that the remaining sisters would inherit the assets and our children would get our inheritance when we pass away. My father said he thinks his daughters should split everything equally. We called our lawyer and he said when they did their trust it was set up so that if one or the other passes then the trust can't be changed by the living spouse by adding a new spouse to the trust so it cannot be taken from the children. Our lawyer said that my mothers 1/2 could not be changed but my father could sign a "Power of Appointment" where my father's 1/2 would be divided amongst the remaining daughters, however, my mothers 1/2 would still be divided amongst the remaining daughters and the deceased mothers children. Can anyone tell me if this can be changed or not.
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