Hanford, CA asked in Estate Planning and Real Estate Law for California

Q: What happens if the grantee dies before the grantor?

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

A: I'm not sure what type of legal document you have, so it is hard to answer your question. I'll guess that you are asking what happens when a beneficiary of a trust passes away before the settlor (the person who sets up the trust.) In that case -- as with most situations -- the trust document should say what happens in that case. In many trusts, there will be a provision saying either: (1) the gift would go to the beneficiaries' children ("issue"); or (2) the gift is simply removed from the list of gifts ("lapses") and the gift goes back into the trust to be distributed to the remaining beneficiaries. I'm sorry to say that a lawyer would have to read your document to assist you any further. Sorry about that!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.