If my child dies before me, does his or her spouse become a beneficiary of that child’s share of my estate?


Answer:  It depends.  The answer to this question is based upon your desires as expressed in your trust.  Typically, the wording in your living trust provides that the deceased child’s share of the estate passes on to the children of that child.  If the deceased child has no children, then the deceased child’s share of the estate would typically be divided among the other remaining children.  However, your assets do not have to be distributed that way.  The attorney should write your trust distribution provisions to follow your specific wishes, for example, you may even leave all or part of your child’s share to your child’s spouse.  The bottom line is that with a living trust you make the decisions about how you want your assets distributed.


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