Can a Will name who the heirs of a Trust are?

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Can a Will name who the heirs of a Trust are?

My parents, my mother”s sister and my mother’s brother own a home together. They put the house in a trust. Each one has a 1/3rd share. The trust states that each 1/3rd share would pass to each parties heir. They were assuming that their heirs would be determined by their Will.

Asked on April 2, 2013 under Estate Planning, Michigan

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Among the many provisions of a trust,  is the right to be able to pass rights of inheritance to whomever is designated,  as well as their heirs of the designated person beneficiary, if the designated beneficiary has not survived the maker of the trust, Trustor. The provisions of the distribution of the trust as to whom and how much, are supposed to be mirrored by the provisions of the pourover Will, if a pourover will is executed by each of the parties to the trust in conjunction with the trust, meaning the same distribution scheme. Typically, the during life trust provisions prevail, vs a will is an after life distibution document. You are advised to seek the services of estate planning lawyer to review the trust with all three of you contributors as to the distribution scheme, to clarify the rights of heirs, as well as the contributors to the trust.


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