Q: I am the trustee for my deceased sister's trust. The full residue clause reads " The Trustee shall distribute the
residue of the trust estate to the then-living issue of Trustor"s mother, by right of respresentation." I need to know if this statement requires me to include the children and grandchildren of siblings that preceded the trustor in death. The trustor had no living children nor grandchildren. Ten siblings, five preceded her in death. Thanks!
A:
Taking any phrase out of context is inherently dicey. It sounds like the clause requires you to distribute to your deceased sister's siblings and their descendants.
Dividing something by right of representation requires a careful review of all of your sister's mother's descendants who were alive at the particular date (i.e. "then-living"). If you are not familiar with the concept, you need to schedule an appointment with an estate planning lawyer and bring a family tree of every one of your sister's mother's descendants who were alive at the particular date. That lawyer can help you determine who will receive a share and how much each will receive.
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