How will trust assets be distributed if one of the beneficiaries passes away? - Estate Planning Law Questions and Answers- LawQA.com

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How will trust assets be distributed if one of the beneficiaries passes away?

My mother died and her beneficiaries were me and my sister. My sister died before the assets were distributed to her. My sister is single with no children, so do my mother's assets stay in the family or are they distributed to my sister's beneficiaries?


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That answer would depend on the provisions set forth in the trust regarding the death of a beneficiary during the administration of the trust. I would need to see the trust to properly answer this question for you.

Answer Applies to: Ohio
Replied: 5/14/2014

Answer By Frances Headley

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It depends upon the provisions of the trust as to what will be done with the assets of the now deceased beneficiary. Or if there are no provisions in the Trust, then the Probate code provisions will control. In most cases, the assets would go to your sister's beneficiaries.

Answer Applies to: California
Replied: 5/5/2014

Answer By Dara Goldsmith
Goldsmith & Guymon
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You need to read the trust. If it does not provide that your sister must survive distribution, it probably goes to her heirs/beneficiaries.

Answer Applies to: Nevada
Replied: 5/5/2014

Answer By Brian Haggerty
Minor, Bandonis and Haggerty, P.C.
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The trust agreement should say what happens.

Answer Applies to: Oregon
Replied: 5/5/2014

Strickland Law, PLLC
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The trust documents dictate how the assets are distributed. Speak with the trustee.

Answer Applies to: Tennessee
Replied: 5/5/2014

Answer By Victor Waid
Law Office Of Victor Waid
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Depends on how the trust provisions read. Why don't you obtain the services of a probate trust attorney to review and interpret these provisions for you.

Answer Applies to: California
Replied: 5/2/2014


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It depends upon what the trust says about predeceased heirs.

Answer Applies to: California
Replied: 5/2/2014


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It is not clear who your sister's "beneficiaries" would be. If she had a Will, then your sister's share of the assets would pass under the terms of her Will. If she does not have a Will, then it sounds like there is a good chance that YOU would be her heir.

Answer Applies to: Michigan
Replied: 5/2/2014

Law Office of Patricia A. Simmons
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The terms of the trust will dictate what happens to your deceased sister's share.

Answer Applies to: California
Replied: 5/2/2014

Answer By Edwin K. Niles

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If sister died after Mom, her share would go to her beneficiaries.

Answer Applies to: California
Replied: 5/2/2014

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