My father was a benficiary of an irrevocable trust in Alabama. He died before the assets were distributed. His estate is now in probate. Trust status?

My father died with no will and his estate is now being administered in probate by his wife. An inventory was filed, but there were no assets from the trust. He died before the trust was distributed and there were no alternate beneficiaries if he should die. Does his share go to his estate or does it get redistributed to the other beneficiaries of his mother’s estate? (Alabama probate)

Asked on July 6, 2009 under Estate Planning, Georgia


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is probably going to depend on how the trust was worded, and whether your father's share of the trust was "vested" or not.  It may be a fairly technical question;  the dates when the trust was set up and when your father died might also   Your father's wife should have the estate's lawyer look into this;  if she hasn't hired an attorney yet, it's time, assuming the trust isn't a trivial amount.

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