Inheritance of trust

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

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