Inheritance of trust

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Inheritance of trust

My dad was a beneficiary of a Trust that my grandpa had setup to be distributed to my dad, his brothers and sister. My grandpa passed 14 years ago and my grandmother was still living. My dad passed away last year while my grandmother was still alive. Now my grandmother has just recently passed so the Trust is being dealt with among my uncles and aunt. Are my brothers and I entitled to anything since my dad had passed before my gran or does it get divided to just the surviving

beneficiaries (i.e. just my uncles and aunt)?

Asked on April 18, 2018 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It depends entirely on what the trust said. You do not automatically inherit a distirbution from a trust, because trusts are governed entirely by the documents creating them and the instructions in those documents. If the trust said it went only to your father and his siblings, then you would not inherit, since he passed away before receiving anything. Trust funds will not go to you unless the instructions for the trust say they do. If the trust documents state that if one of the beneficiaries passes away, then is heirs will inherit, in that case you would receive something, since the trust itself indicated that you would.


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