Q: Who would be entitled to my aunts 50% designated in my grandmothers trust? My aunt died a year before my grandmother.
50% was left to me (granddaughter) and 50% to my aunt. My mother, my aunts sister wasn’t listed as secondary, nor my aunts husband. My aunt has no children. My aunts husband is the trustee and is saying he is taking my aunts half since he is her husband. There was no addendum made after my aunt passed away. Would it go to her husband, my mom, me?
A: While it is not typical for your aunt's share to pass to her husband when his wife predeceased your grandmother, it is impossible to provide an answer here without reading the trust. It would take an attorney only a few minutes to look at a couple of paragraphs in that trust to answer your question.
Rebecca Sommer agrees with this answer
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A: The answer to your question is contained within your grandmother's trust. If the trust says the aunt's share goes to her husband if the aunt predeceases (dies before) your grandmother, then he would be entitled to it. If the trust does not say that, then he most likely does not get it. Again, it all depends on the language in your grandmother's trust. [Each trust has different language so we would have to guess what your grandmother's trust says and that won't help you -- especially if we guessed incorrectly.] So, if you need a definitive answer to your question, you can hire a lawyer to read and interpret your grandmother's trust for you. Best wishes!
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