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My grandfather set up a generation skipping trust with my father as the beneficiary. My grandfather has been dead for about 38 years, my step-grandmother is still living and the trust primarily takes care of her living expenses. She is 97. My father has to consult with her on any with drawls he would like to make to the trust. After she passes, my father will have control to do whatever he likes with the money in the trust.

My question is, my father had a biological sister that died and had 4 children. Our family feels like they should have a right to my grandfathers trust as much as my dad does. My grandfather did not name them in the trust as his daughter died before he did, he only named my father. We don't believe he intended to omit them, and would have wanted them to be included. Had their mother lived, she would have been named in the trust, out of default because of her death, only my father was named. My father has been very matter of fact that he will use the money in the trust for his retirement which will deplete the money.

Does my grandfathers other grandchildren, through his biological daughter, have any right to the trust? Can they contest it?


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