Valparaiso, IN asked in Estate Planning for Indiana

Q: How will my living trust shares be distributed among the "Living Descendants of my Daughter" upon my daughter's death?

My living trust has a section covering the distribution of my daughter's trust share upon her death. It says that her share will be distributed in equal shares to each of the "Living Descendants of My Daughter". My daughter has 4 children (my grandchildren). The trust document has a definition section that defines the term descendants as meaning lineal descendants. The section covering the above distribution makes no specific mention of per stirpes when referring to the living descendants of my daughter, so I don't know if it's automatically assumed.

How would the shares be distributed upon my daughter's death for the following two scenarios if my 4 grandchildren are still living:

(1) If my 4 grandchildren have no children.

(2) If 3 of my grandchildren have no children, and 1 of my grandchildren has 4 children.

Thank you

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1 Lawyer Answer

A: (1) 1/4 to each grandchild

(2) 1/8 to each grandchild and great-grandchild

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