If my father-in-law set up a family Trust for his kids but my husband and I have no children, if he predeceases me will I get his share of the money?

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If my father-in-law set up a family Trust for his kids but my husband and I have no children, if he predeceases me will I get his share of the money?

Or will the money will go to my husband’s siblings?

Asked on June 9, 2015 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no way to definitiely answer this question in the abstract, since a trust is governed *entirely* by its terms. To know under what conditions you may (or may not) get money if your husband predeceases you, you have to review the specific terms of the trust with an attorney. The above said, you are not a "child" of your father-in-law, so usually (and again, subject to the specific language used), you would not receive anything if your husband, who is a child, predeceases you.


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