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

Screen-Shot-2013-01-30-at-8.55.45-AM8-300x257

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.

FB

Contact us for a free consultation.

DISCLAIMER – Every case is different because every case is different. This blog does not give legal advice. This blog does not create an attorney client relationship. You are not permitted to rely on anything in this blog for any reason. This blog is an entirely personal endeavor. Every person’s situation is different and requires an attorney to review the situation personally with you.
No attorney-client relationship is created by this site.

The use of the Internet, this blog or email for communication with this firm or any individual member of this firm does not establish an attorney-client relationship. Before we represent any client, the client and the attorney will sign a written retainer agreement.
If you do not have a written, signed retainer agreement with us, we are not representing you and will not be taking any action on your behalf.

 

Sorry, comments are closed for this post.

Visit Us On FacebookVisit Us On Twitter