How will trust assets be distributed if one of the beneficiaries passes away? 22 Answers as of May 14, 2014

My mother died and her beneficiaries were me and my sister. My sister died before the assets were distributed to her. My sister is single with no children, so do my mother's assets stay in the family or are they distributed to my sister's beneficiaries?

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Christine Sabio Socrates Attorney at Law | Christine Socrates
That answer would depend on the provisions set forth in the trust regarding the death of a beneficiary during the administration of the trust. I would need to see the trust to properly answer this question for you.
Answer Applies to: Ohio
Replied: 5/14/2014
Law Offices of Frances Headley | Frances Headley
It depends upon the provisions of the trust as to what will be done with the assets of the now deceased beneficiary. Or if there are no provisions in the Trust, then the Probate code provisions will control. In most cases, the assets would go to your sister's beneficiaries.
Answer Applies to: California
Replied: 5/5/2014
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
You need to read the trust. If it does not provide that your sister must survive distribution, it probably goes to her heirs/beneficiaries.
Answer Applies to: Nevada
Replied: 5/5/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
The trust agreement should say what happens.
Answer Applies to: Oregon
Replied: 5/5/2014
Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
The trust documents dictate how the assets are distributed. Speak with the trustee.
Answer Applies to: Tennessee
Replied: 5/5/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Depends on how the trust provisions read. Why don't you obtain the services of a probate trust attorney to review and interpret these provisions for you.
    Answer Applies to: California
    Replied: 5/2/2014
    James M. Chandler | James M. Chandler
    It depends upon what the trust says about predeceased heirs.
    Answer Applies to: California
    Replied: 5/2/2014
    Frederick & Frederick PLC | James P Frederick
    It is not clear who your sister's "beneficiaries" would be. If she had a Will, then your sister's share of the assets would pass under the terms of her Will. If she does not have a Will, then it sounds like there is a good chance that YOU would be her heir.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    The terms of the trust will dictate what happens to your deceased sister's share.
    Answer Applies to: California
    Replied: 5/2/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    If sister died after Mom, her share would go to her beneficiaries.
    Answer Applies to: California
    Replied: 5/2/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If your sister died after your mother, then her distribution will be made to her estate and distributed according to the directions in your sister's will or trust, if any. If your sister did not have a will or trust then according to the rules on descent and distribution. If your sister predeceased your mother then the terms of the trust will determine if the legacy lapsed or would be distributed otherwise.
    Answer Applies to: Illinois
    Replied: 5/2/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If there is nothing in the trust instrument for the contingency that if one beneficiary dies before distribution, (an no will) the assets will be distributed to the living beneficiary.
    Answer Applies to: Florida
    Replied: 5/2/2014
    Robert E. Giffin | Robert E. Giffin CPA
    You need to read the language in the trust to determine how your sisters assets will be distributed.
    Answer Applies to: Ohio
    Replied: 5/2/2014
    Estrada Law P.C. | Michele Ungvarsky
    There should be instructions in the trust for this outcome. There are several possibilities, it could go to you, could go to other beneficiaries, could revert back to mom's estate. Contact an estate planning attorney for help.
    Answer Applies to: New Mexico
    Replied: 5/2/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Once your mother died your sister's portion of the inheritance was confirmed in her. Since your sister died after your mother your sisters portion of your mom's estate goes into her estate and is distributed to her beneficiaries. Well there might be a small issue if specific instructions were in your mom's estate plan (such as if her portion was put in trust for your sister then it goes to her children, etc.)
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    The trust will indicate who gets what if a beneficiary passes. Usually the settler will want the heirs of the deceased to get their portion. Here, with no heirs, it is likely you will get the entire estate. As a beneficiary you are entitled to see the trust terms. Contact the Trustee.
    Answer Applies to: California
    Replied: 5/2/2014
    Geoff Germane, Attorney at Law | Geoff Germane
    It will depend on what the trust says. It may say that the share of a deceased beneficiary goes to the descendants of the mother, which would include you. It may provide for another distribution, such as your sister's heirs at law (which may be you, as well, since she had no kids or husband). If you get a copy of the trust, you should have your answer.
    Answer Applies to: Utah
    Replied: 5/2/2014
    Stephens Gourley & Bywater | David A. Stephens
    That depends on the language of the trust.
    Answer Applies to: Nevada
    Replied: 5/2/2014
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Did your sister have a will or a trust? If so, then her share from your mother is distributed in accordance with her will or trust. If she had no will or trust, then the intestacy laws of the state where she lived will control who receives her share from your mother. As each state has different provisions as to who inherits when there is no will, you should consult with an experienced probate attorney in that state as to the order of intestate succession in that state.
    Answer Applies to: California
    Replied: 5/2/2014
    Gates' Law, PLLC | Thomas E. Gates
    The language of the Will will specify if the assets transfers to the issue of your sister. Since there are none, you receive everything.
    Answer Applies to: Washington
    Replied: 5/2/2014
    Danville Law Group | Scott Jordan
    Did your sister have a will or trust which distributed her assets to anyone but her heirs? Simply stated, if your sister was not married and did not have any children and did not a will or trust, and you are the only other child, your sisters portion would go to you.
    Answer Applies to: California
    Replied: 5/2/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    They would be distributed on accord with her will or the probate code.
    Answer Applies to: Michigan
    Replied: 5/2/2014
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