Follow
Share

My uncle passed away and his will reads that his siblings are to inherit half of his trust. His deceased wife's family will inherit the other 1/2. Since my mother is the only living sibling, does it automatically go to her? The attorney mentioned the "family tree." Since my mother's deceased sister has two living adult daughters, will they receive their mother's portion even though they are not listed in the will?

This question has been closed for answers. Ask a New Question.
If its says "deceased wife's family will inherit the other 1/2" that is kind of generic. What constitutes deceased wife's family? I guess that will need to be determined by state laws? The "tree" may mean there is a trickle down effect. So there were 2 daughters and one is deceased, then yes her children get her share. IMO, not split 3 ways but 2 ways. Mom gets 1/2 of the 1/2 and the daughters split their Moms half. So, if 1/2 of the Trust is 10,000, Mom gets 5,000 the daughters get 2500 each. You as a grandchild will probably not get anything.

I would say, this may take time to sort out because of the wording "deceased wifes family" again what constitutes family in your State. I think it should have been more descriptive like "deceased wife's daughters. If one or both daughters are deceased their share will go to their children".

But then again, different States, different laws. And Wills and Trusts are two different things. People use Trusts to help protect assets from probate. Wills, depending on the size of the estate at time of death, may need to be Probated.
Helpful Answer (0)
Report

It also depends on the contingencies addressed in the Will. Typically, the language provides alternative if one heir is deceased, i.e., if your mother is deceased, her share in inherited by (name the contingent heirs).
Helpful Answer (0)
Report

Since you are working with a lawyer they should be the one explaining what is included. It depends on how the will is written, often there can be a clause stating that the bequest should pass to the beneficiary's heirs if they predecease the (uncle). Also as far as I know trusts can have their own rules and obligations separate from those in a will.
Helpful Answer (1)
Report

It depends on the laws of each state, but generally, no when it comes to a sibling if there's a Will.

"Some very close relatives—meaning a surviving spouse and sometimes children or grandchildren—have the right to claim an inheritance, and in some cases this can override what it says in your will."

Source: https://www.nolo.com/legal-encyclopedia/inheritance-rights-29607.html

We are not attorneys on this forum, so your final and most accurrate answer should come from an attorney for the deceased's state.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter