Dinuba, CA asked in Estate Planning for California

Q: If a piece of property is left to a person in a trust but before the person with the trust dies the property has to be s

Sold, then he dies, is the remaining money to be divided as monies or given to the person the property was intended for

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2 Lawyer Answers
Nina Whitehurst
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Answered

A: Your question cannot be answered without reviewing the trust instrument. A well written trust instrument covers this possibility.

A: A lawyer would need more facts to answer your question. If the person who set up the trust (called a Settlor) personally, voluntarily sold the item specifically mentioned in a trust so the Settlor no longer owned it at the Settlor’s death, it’s possible the beneficiary would get nothing, but only the trust language of your particular tryst will answer the question. All trusts contain different language, so we’d need to read the trust language that relates to the specific gift in question. Sorry about that! Best wishes!

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