Maybe - but there are other reasons to leave it in trust for the grandchildren besides taxes. Right now, my kids get split everything when my husband and I both go , but my grandchildren are only 2 and 4. In 10 years, I might decide to leave everything to my grandchildren because 1) my kids don’t need it and 2) it will make more of a difference for my grandchildren to get it at 18 or 25 than for my kids to get it in their 40s.
And I suppose if you put it in a trust, you’ve socked it away out of the reach of other family members who may disagree.
A bit of an update: according to a solicitor (attorney) I have spoken to, because my financial situation is somewhat ‘dire’ compared to other beneficiaries of the will, I may still have a case to challenge the will.
I petitioned my step-father’s solicitor to get copies of previous wills which were duly provided. There are vast discrepancies in the amounts left to my sisters and myself between earlier wills (when my mother was still alive) and later wills after my mother had passed app 10 years ago. Still, in legal terms, that is mostly moot as a penultimate will can sometimes be taken into account, but THAT will was only written just over 2 years ago anyway and didn’t differ substantially from the most recent will.
Long story short, waiting to speak to a (no-win, no fee) solicitor in about a week and a half about where to go from here. Probate (the release of assets yada yada) has now been granted, so it will remain to be seen whether the solicitor is prepared to represent me on the no-win no-fee basis, and if she is not, then I will just have to suck it up. And of course, use some of the assets to buy a voodoo doll with a remarkable resemblance to the step-brother AND a packet of extra spiky pins! 
It sucks, but it sure looks like you (and maybe your sisters) were comprehensively outmaneuvered by scumbag step-bro.
Buy two voodoo dolls and burn one. It’s not traditional, but it is remarkably satisfying to watch.
Update again! I have retained the services of a no-win no-fee company (a reputable one here in Australia) who believe my case worthy and I have now instituted proceedings to challenge the will of my step-father! Fingers crossed. 
If you don’t mind sharing, on what are grounds is the lawyer challenging the will?
The grounds are two-fold @puzzlegal. Firstly, when my mother died ten years or so ago, she left her estate to my stepfather (as would be normal). We daughters were not mentioned in her will.
Except my mother had contributed financially to his estate, selling property of her own to add value to his property, and providing both farm-labour and domestic-labour to enhance his ability to earn a living.
And secondly, I am in a far more precarious financial position than any of the beneficiaries. I have never owned a home, I live week to week on government benefits (due to chronic health conditions) and I will probably be unable to return to work before retirement age (67 here in Aus).
I don’t want to go into too much detail, just because, but suffice to say my solicitor feels I have a strong case, and whilst I’m as nervous as fuck taking this on, I’m doing it anyway.
Pretty sure neither of those would fly in the US. To a large extent, your beef is with your mother, for how she left her estate, and then with your stepfather. Not with your stepsibs.
When My MIL/FIL got divorced, there were “life estates” provided with remainders to my wife and her sister. But the property was never re-titled - the MIL was happy enough having her needs/wants taken care of than protecting her kids’ rights (very complicated - not interested in going into the details here.) MIL died first. FIL gave everything to 2d wife/kids. My wife chose not to attempt to litigate to claw back anything. One sister made some attempt, which bore no fruit.
Good luck.
Thanks, @kambuckta
That’s my sense, too. But laws vary a great deal from place to place. Best wishes.
Also,
This. I don’t see how your stepbrother has done anything wrong, unless he secretly manipulated your senile stepfather to change the will. I think your mother placed too much trust in her husband to care for his step children, and your stepfather screwed you over. If you had a good relationship with your stepbrother, i hope this doesn’t ruin it.
Not sure whether I mentioned upthread, but now have a (reputable) legal firm to take my case on a no-win-no-fee basis. The solicitor/s I spoke to believe that my case has merit, and I’m about to sign the ‘contract’ to secure their services.
But goddamn, why do legal contracts need ANOTHER solicitor (attorney) to decipher the fine-print?? I’m not sure whether I’m signing up for a legal win, or signing my life away into bankruptcy
PS, no bankruptcy, I have ZERO assets.
I presume this is exaggeration? Because IME, contracts basically just require careful reading of a sort many people are not used to. The atty offering the contract should be able to explain any unfamiliar terms or answer any questions you may have.
Good luck.
Yet another update in the ongoing saga, that thankfully is being handled entirely by my solicitors (attorneys) and all I need to do is send info via email if requested.
After much ado, my solicitors/barrister are advising me to claim 33.3% of the estate, clarifying it is NOT an ambit claim, and that if the defendant refuses the offer, then it’s time to take it to court with all the fees etc that will ensue. And with information that has recently come to light (my solicitors are AWESOME) I’m going to go out on a limb and suggest that the defendant (my step brother) is NOT wanting to have to explain away his financial situation in front of a magistrate!!
I mentioned a few posts ago that the company I have taken on to represent me are a ‘no win, no fee’ mob, so they only ever take cases like mine on if they feel they are guaranteed of a win. I’m feeling far less anxious now about everything (I was prepared at first to take the few thousand $$ and be done with it…such an amount, however meagre by most standards) would have made my life far more comfortable! But now I am looking at at least 10 x that amount, which is a big boggling to be honest.
My solicitors have been like rottweilers, searching out financial information about my step-father, my step-brother, even a step UNCLE who died intestate and left monies squirrelled away with my step-father in various places to avoid taxes and other liabilities. And it has obviously worked (at this point) in my favour. I
It’s still early days, but I have nothing but time on my hands. And time to sit back and ponder what the hell I might do if I become richer than i ever have been in my life.
If I do get the inheritance he solicitors are claiming, it still won’t be enough to buy a house to live in. And I’m too old to be taking out a mortgage, even with enough for a 30% deposit. So my dreams (if they do indeed come true) are looking like renting long-term in SE Asia and just popping back to Australia when I crave a feed of Vegemite on toast, or a lamb roast.
I’m very glad I lawyered-up.
Yeah, it looks pretty good for you now. Congratulations!
I started reading your post, feeling better and better as I read.
But then…well at the very end there, I got a shock–a real reason to worry for you.
The story isn’t over yet, and you’ve already mentioned a serious problem, which you seem to be naively unaware of:
VEGEMITE???
Come on, man…
The future was looking so good for you…Don’t ruin good toast with vegemite.
I’ve spent the last five months travelling through SE Asia with my trusty jar of Vegemite stashed in my luggage. A piece of toast, liberally buttered up and with a scraping of Vegemite, then topped with a poached egg?
You just don’t know what you’re missing out on
It’s over. Through mediation, I have received far more than I was originally offered, although less than my solicitors applied for. It was an interesting process doing it via zoom (mostly very boring to be honest) but the end has come, and I’m a happy camper.
I’m glad I lawyered up. My team has been incredible, and despite there not being millions of dollars in dispute, their patience and tenacity to see my case through has been just awesome.
And I’m so fucking glad it’s over.
Hooray for success!!! You could use a break or three in your life about now.
Good for you! SOMETIMES the legal system comes out with a good result! (Tho it is almost always very boring in the process.)
Be a good uncle!
Aunt, I think.
The two bio kids of the step-brother are legally speaking not my relatives. Same with the daughter of the deceased step-sister.
And these kids (young adults) have the world at their feet financially speaking, so a measly gift-card from psuedo-auntie-kambuckta is going to mean less than shit.