Q: If my brother is on my mother's living trust and is past on .Who receives his share of the trust.thxs much
A: The trust document will specify where your brother's share goes. Typically, it would go to his children and, if he had none, his share would likely go to the other surviving beneficiaries. You would have to review the trust language to be certain.
A: The trust should specify how the assets are to be distributed, and a well-drafted trust takes into account the possibility that the named beneficiaries are not alive when the settlor (your mother) dies. Some are prepared so that the deceased beneficiary's share would pass to his own children and descendants. Some are prepared so that the estate passes only to the surviving children, and others have the share for a deceased child pass to friends, charities or other beneficiaries. The terms of the trust will control. You should consider consulting with an experienced trusts and estates attorney for guidance.
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