Q: case law regarding a will that sets money in a trust for grandchildren & the grandchild dies before receiving said money
My son died before he got the trust & the trustee wants the money to be given to the other surviving grandchild. The father wants 1/2 the trust money as a surviving heir. I ( the mother) want it given to the other & only grandchild
A: i am afraid i am going to have to give you a typical attorney response--it depends, on the language that created the Trust. Most wills and trusts address this question in the document--that is a question that is usually asked of the grantor (creator of the trust) and is usually addressed, first by stating whether your son would have to had survived the grantor for a certain number of days ( typically 30 or 60 day survival periods), and then by stating what happens if he predeceased or did not survive for the required period. if your son survived for the required period and was just waiting for a distribution then your son's estate would usually be the recipient of the trust funds
Steven J. Fromm agrees with this answer
A: Fellow attorney Cherewka offers sound advice. Understand that a trust's terms and provisions are what the trustee must follow. If the trust terms and provisions require the payment to the surviving grandchild, that is what the trustee must do. He has no discretion to do anything else and if he does not follow the terms of the trust, he breaches his fiduciary duty and can be sued for such violation.
To be sure, you must have an estate planning attorney review the trust document.
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