If I die, will the remaining inheritance money in the trust go to my spouse or to my brother? 5 Answers as of October 06, 2016

My brother and I receive a monthly check from our parents' trust. This will continue for the next ten years when the funds will be depleted.

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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
In California, depending on the language in the trust, the balance will likely go to your brother or to your heirs, regardless whether you have a will which specifically leaves it to your spouse. If the trust says any undistributed amounts go to your brother, then that is what will happen and there is no Will or assignment you could devise that would defeat that; it isn't yours to give away, its what your parents decided would happen with their money.
Answer Applies to: California
Replied: 10/6/2016
Law Offices of George H. Shers | George H. Shers
The language of the Trust document should state what happens. Without being able to read that, it would be a guess what happens.
Answer Applies to: California
Replied: 9/21/2016
Law Ofices of Edwin K. Niles | Edwin K. Niles
Read the trust; can't answer without it.
Answer Applies to: California
Replied: 9/21/2016
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
It depends upon the terms of the trust, whether your heirs would receive your distributive share or whether it would go back to the trust to be divided amongst the surviving beneficiaries. Your heirs in this case would be your children.
Answer Applies to: California
Replied: 9/21/2016
WFB Legal Consulting, Inc.
WFB Legal Consulting, Inc. | William F. Bernard
You must read the Trust document and ascertain how the residue of the Estate, as well as any Specific Devises are to be distributed should you or your brother pass.
Answer Applies to: California
Replied: 9/21/2016
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