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I am the successor trustee (and a beneficiary) to the family…

I am the successor...

I am the successor trustee (and a beneficiary) to the family trust granted in California by my parents in 1999; Dad died in 2003 and now Mother in Feb. 2018. Three years ago, my mother made up a worksheet to change the beneficiaries from my stepbrother, and stepsister, and me 1/3 each to 50/50 split with my stepbrother, due to the death of my stepsister in 2013, with the intent that we would provide for all 10 grandchildren, 8 of whom were from my 2 deceased sisters (1975&1976)and my stepsister who predeceased my mother. That change never got codified in the estate documentation by the estate planners because "they were unable to reach my mother to complete the proper paperwork" (their words). So, they are telling me that the estate must be split 1/3 each to me, my stepbrother, and my stepsister's 3 children. I am conflicted because I know what my mother wanted and the 3 grandchildren are agreeable to split the 1/3 with the other 7. Can I legally abide by my mother's wish (I have the copy of the worksheet) and distribute the trust assets 1/3 to each my stepbrother and me and 1/10 of 1/3 directly to each of the ten grandchildren, for ease of administering.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

The trust is in California, the grandchildren are in California (6), Colorado (1), Virginia(1), and Florida(2).

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a copy of the worksheet changing the appropriate sections of the trust that was sent to the trust planning firm.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have The three grandchildren

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Answered in 1 minute by:
3/13/2018
DamienJD
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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DamienJD, Attorney
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Customer reply replied 5 months ago
Thank you. I meant to include that I have a verbal agreement and two text message from the three grandchildren agreeing to the different distribution based upon what our Mother (their grandmother) wanted.
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