Q: Have I been disinherited for not having a conditioned set in Trust at the time it was created or can fulfill now?

My Grandparents made their Living Trust in 1993 while my Mom and I were living in Iran. In their Trust they Place a condition that my Mom has to leave Iran and become a permanent US residence before getting equal share, further it instructs no distribution to be made to children of my Mom who are not permanent residence of US. My Grandma passed away in 1995 when I was 11, in 1998 my Grandpa adds “at the time of death”. I move and become residence of US in 2001 at the age of 17, in 2007 my Grandpa passes away. My Mom passed away in 2018, she got a portion of her inheritance in 2016. My brother who has been US citizen since 1995 claims only he is entitled to my Grandmother’s portion of the trust. I am currently living on a temporary visa in Germany since 2014 but considering moving back if I can fulfill the requirements. My brother argues that the Trust made in 1995 was also meant at the time of death and it was written such so he would inherit all my Moms share of the trust.

1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Unfortunately, the only way to answer your question is to read the trust. Taking a few lines out of a lengthy document is not enough information for lawyers to give their thoughts and impressions because certain terms will be defined in your document and using a different definition will change the meaning of the language. If you want to know how a judge will interpret the language, you need to give a complete copy of the trust and all amendments to an attorney to read and analyze. Otherwise, we would be guessing and could easily give you incorrect information. Sorry about that.

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