TwoNorthern
Junior Member
State: New York
My mother-in-law's irrevocable trust was initially set up with three beneficiaries, her three children. In the event of any of them pre-deceasing her, the child's inheritance would fall to his/her child(ren). This section was later modified to state that the child's inheritance would fall to the spouse instead. As fate would have it, one child did pass away but this was before the modification was made so his portion of the estate was left to still fall to the children rather than the spouse.
The problem we have is that the two children who would benefit from this have virtually dis-owned their grandmother and she therefore is having very serious reservations about leaving them anything from her estate. Can the trust be modified to exclude these two children? If so, what measures must be taken to prevent their mother from contesting the distribution?
My mother-in-law's irrevocable trust was initially set up with three beneficiaries, her three children. In the event of any of them pre-deceasing her, the child's inheritance would fall to his/her child(ren). This section was later modified to state that the child's inheritance would fall to the spouse instead. As fate would have it, one child did pass away but this was before the modification was made so his portion of the estate was left to still fall to the children rather than the spouse.
The problem we have is that the two children who would benefit from this have virtually dis-owned their grandmother and she therefore is having very serious reservations about leaving them anything from her estate. Can the trust be modified to exclude these two children? If so, what measures must be taken to prevent their mother from contesting the distribution?