What happens if a beneficiary of a trust dies?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens if a beneficiary of a trust dies?

My husband and I have a revocable trust. In section where it lists the beneficiaries of our estate is says……”If not indicated otherwise, if any beneficiary predeceases distribution herein and leaves issue surviving, his/her share be distribution to such issue by right of representation. If said beneficiary leaves not issue surviving, his/her share shall lapse and shall be divided among the other beneficiaries according to their respective percentage. Does that mean if I list my sister and she passes before me, her husband or kids get her share if they are alive?

Asked on January 11, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for writing that portion that you wish interpreted.  But I think that the best thing to do is have the attorney that drafted the trust explain it to you as it needs to be read in total.  Now, from what you have written here, and "not indicated otherwise" meaning in another part of the trust document, the your sister is a named beneficiary and she dies before you and your husband, then her shre goes to her kids - "issue"- not to her husband.  If no kids then her share goes back in to the trust pot to be distributed to the other beneficiaries.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption