Leaving your Inheritance to a Spouse.

My mother passed away a year ago with her property in a trust. My sister and I are co-trustees. The property is currently still in
the trust. I want to make a will for my wife and I. Can I leave an inheritance, that I have not recevied yet, to my wife and children. Or, if something happens to me will it all go to my sister.

That is a very good question. First of all, it depends on the terms of your mom's trust. Does it say that if you die before receiving that it goes to your sister? If not, then unless state law provides otherwise it will be part of your estate and will pass under your will, or if none, state law. Even if it does say that your gift goes to your sister at death, the trust may give you a power to appoint your property. There are many iterations here. The best idea is to decide what your goals are and to go see an estate planning -- and bring a copy of your mom's trust with you for the attorney to review.

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Jeffrey R. Gottlieb, Attorney at Law
http://www.illinoisestateplan.com
This response is not legal advice and does not create an attorney-client relationship.