Legal Question in Wills and Trusts in Ohio
If two of the three beneficiaries of a living trust are deceased, are their estates entitled to their share of the living trust?
Asked on 9/30/09, 6:16 pm
3 Answers from Attorneys
Anthony Rifici
Rifici Law Office
Based on the facts as you stated them, the answer would depend on the language of the trust. Typically, a well drafted trust document would include provisions to control what takes place upon the death of a beneficiary.
You should have the trust document and all other details of the situation reviewed by an experienced estate planning lawyer.
Answered on 9/30/09, 6:25 pm
Nancy Fioritto Patete
Nancy Fioritto Patete, Esq.
Yes, unless the trust says otherwise.
Answered on 9/30/09, 6:31 pm
Elizabeth Schmitz
Elizabeth S. Schmitz Attorney at Law
The answer deptends on the terms of the trust. Most trust language distributes to beneficiares who are surviving, but it would depend on your fact situation.
You should have an estate planning attorney reveiw the trust provisions.
Answered on 9/30/09, 8:54 pm
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