If one of the beneficiaries of a trust dies...

[Culvercitygirl]

State: California

If one of the beneficiaries of a living trust passes away, where does her share of the assets go if it isn't specifically indicated in the trust.

For example, my Uncle has no children so he has indicated in his living trust that certain monies and properties to go to various nieces/nephews. If one of those nephews/nieces passes away and is still named as a beneficiary after the uncle dies, do the assets automatically distribute back to the other beneficiaries...or do the assets pass down to the children of the niece/nephew that has passed away?

Thanks in advance for any assistance.

 

[TrustUser]

any sort of well-written trust would handle that situation. have you read the entire trust document ?

who has arrived at the conclusion that the trust does not specifically indicate this somewhere ?

do you see any wording with "per stirpes" in it ?

 

[Culvercitygirl]

any sort of well-written trust would handle that situation. have you read the entire trust document ?

who has arrived at the conclusion that the trust does not specifically indicate this somewhere ?

do you see any wording with "per stirpes" in it ?

While I appreciate the attempt at a response, your input is quite useless.

Do not answer a question with another question, or series of questions.

My query was quite specific and clear. The scenario I initially described is entirely possible. Perhaps it is too unusual, and there isn't an existing precedent with which to compare; and that in itself would be an understandable response to my question. Perhaps you just don't know an answer at all, and if that is the case I'd prefer to not get a response at all.

 

[curb1]

Culvercitygirl,

You asked a hypothetical question. A key question is, when (before, or after uncle passes) does "one of those nephews/nieces pass(es) away"? It makes a difference. And, then it does make a difference what the exact wording of the trust states.

 

[TrustUser]

i bit my tongue, and counted to a hundred. so i will not retaliate back at your response.

do you have any idea how many people come on to this site and ask questions about a situation in which they are not knowledgeable ?

i already implied that what you said was possible, since i said a well-written trust would have taken care of that situation. one could assume that a trust that was not written well, may have messed up.

i would rather guess that if a hundred people asked the question that you did, 90+ would have been in error with regards to the trust not taking care of that feature.

so i was trying to help you, not knowing whether you fit into the 90+ category, or the 10- category.

each state has its own exact rules, although they are very similar in most respects. and trust law has its defaults when a topic is left unmentioned. and i dont know for sure, but i would be surprised if trust law has defaults for naming beneficiaries.

perhaps someone with exact legal knowledge regarding this topic, can give you a definitive answer.

what i was attempting to do was to ascertain the correctness of your statement, such that perhaps your needs could be met with a bit more accuracy.

often times, a "condensed" trust is given to various institutions, and people - such that not all the language is present. so i was once again trying to ascertain whether the person making this comment had the complete trust document.

VERY OFTEN, people on this site who are helping, immediately ask questions of the questions - so as to give a better response.