Does spouse receive her dead husbands share?

[Carol_Townsend]

What is the name of your state (only U.S. law)? Michigan
I am the executor and one of 5 heirs to my Uncle's Living Trust. In the will he lists the 5 family members. He is still alive but has not updated his original will created in 1999. One of the heirs has passed away leaving a spouse. I cannot see anything in the will that clearly states she will be entitled to her late husband's share of the inheritance. No where does the word spouse come up. It does clearly say that nothing will go to descendents but a spouse is not a descendent. It is my Uncle's wish that the spouse receive the inheritance but he does not want to look into an addendum - he thinks the executor can make those kind of decisions when it's time. What should I do to ensure my sister-in-law will be able to get her husbands inheritance?

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan
I am the executor and one of 5 heirs to my Uncle's Living Trust. In the will he lists the 5 family members. He is still alive but has not updated his original will created in 1999. One of the heirs has passed away leaving a spouse. I cannot see anything in the will that clearly states she will be entitled to her late husband's share of the inheritance. No where does the word spouse come up. It does clearly say that nothing will go to descendents but a spouse is not a descendent. It is my Uncle's wish that the spouse receive the inheritance but he does not want to look into an addendum - he thinks the executor can make those kind of decisions when it's time. What should I do to ensure my sister-in-law will be able to get her husbands inheritance?

You need to keep urging your uncle to properly plan for his wishes.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Michigan
I am the executor and one of 5 heirs to my Uncle's Living Trust. In the will he lists the 5 family members. He is still alive but has not updated his original will created in 1999. One of the heirs has passed away leaving a spouse. I cannot see anything in the will that clearly states she will be entitled to her late husband's share of the inheritance. No where does the word spouse come up. It does clearly say that nothing will go to descendents but a spouse is not a descendent. It is my Uncle's wish that the spouse receive the inheritance but he does not want to look into an addendum - he thinks the executor can make those kind of decisions when it's time. What should I do to ensure my sister-in-law will be able to get her husbands inheritance?

Your uncle will need to provide for that in the will. Because your brother receives no inheritance unless the will states that she would.

 

[Zigner]

Your uncle will need to provide for that in the will. Because your brother receives no inheritance unless the will states that she would.

...and add in the fact that there's a trust involved...

What a mess.

 

[LdiJ]

...and add in the fact that there's a trust involved...

What a mess.

A trust in particular has to provide for successor beneficiaries if they are to be included. Since the trust specifically excludes descendents, I think it would exclude a spouse as well.

Uncle really needs to update the trust.

 

[anteater]

I am the executor and one of 5 heirs to my Uncle's Living Trust.

No, you aren't. A trust does not have an executor. A probate estate does.

In the will he lists the 5 family members.

That's fine, but the will has no bearing on the trust.

 

[Zigner]

No, you aren't. A trust does not have an executor. A probate estate does.


That's fine, but the will has no bearing on the trust.

Not that it matters since the testator is still alive

 

[Carol_Townsend]

Ok.. I mis spoke - I'm the executor of the will and he has a living trust...I'm obviously asking the question because I'm not an attorney and I want to make sure my deceased brother's wife gets his inheritence like I would want my spouse to receive my share in the event if my death before my uncle. He is 94 and does not want to amend the will or trust. I have an appointment with an attorney Wednesday but all costs will come out of my pocket since he is not interested in ammeding it.

 

[TrustUser]

the trustee (manager of the trust) certainly CAN NOT decide willy-nilly to make his own decisions. it is his legal responsibility to follow the instructions of the trust.

nor would you want a trustee to be able to do that. if so, it would defeat most of the whole purpose of a trust, to begin with.

the instructions of a trust always needs to be able to deal with what happens when one of the beneficiaries is no longer alive.

if your uncle's trust does not do this, it has a big loophole in it.

i find it hard to believe that your uncle really wants to include the wife, if he is not willing to make an amendment to it ?

if there is a loophole, the trustee's only recourse may be to take it to a judge, and involve the legal system.

it is a simple issue to fix while the uncle is alive.

if an amendment is made, i would encourage your uncle to give a copy of the amendment (notarized) to the wife. amendments have a possibility of "disappearing".

 

[OHRoadwarrior]

If one of the trust beneficiaries dies and there is no scenario providing for that happening, it becomes an estate asset of the beneficiary and is probated like any other estate asset.

 

[TrustUser]

If one of the trust beneficiaries dies and there is no scenario providing for that happening, it becomes an estate asset of the beneficiary and is probated like any other estate asset.

if i am reading the following correctly, it is stating that the share of the deceased beneficiary will be shared equally by the survivors.

this is the federal ruling, and i am guessing the default for trusts, in general.

while it is possible that a state may have a different ruling, i have not found this to be the case most of the time, with the exception of louisiana.

but basing on this assumption, the wife of the deceased beneficiary would receive only a handshake !!

this would not preclude the other beneficiaries doing some gifts thru the years for the wife, but they would not be obligated to do so.

in any case, hopefully the amendment is made, so that the exact wishes can be carried out simply and legally.

 

[anteater]

if i am reading the following correctly...

The following?

 

[TrustUser]

hi ant,

you mean you dont have esp ???

http://www.law.cornell.edu/cfr/text/5/1651.10

 

[TrustUser]

in reading the following link, this looks like it might be discussing retirement accounts ?

that does not necessarily apply to a trust ?

 

[anteater]

in reading the following link, this looks like it might be discussing retirement accounts ?

Keep digging further, my man. Not retirement accounts in general. But one retirement plan in particular.

Trust law, like probate law, is state law.