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Can a living trust of a dead person receive an inheritance?

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PrincessDi8

New member
Auntie #5 was alive when Uncle #13 passed away without a will, without parents, wife, or children. His estate was going to be shared among the 7 living siblings after probate, all with children except Auntie #5.
The probate took 25 years. Meanwhile, all siblings except my mother die. Auntie #5 die without parents, husband, children, but had a living trust.
Does the living trust get a share of Uncle #13’s estate? My understanding is that only living people can inherit, so it should be just my mother and all my cousins who are children of the 5 uncles/aunts. By the way, Auntie #5’s name was left out on the final order of the probate court paper stating who gets to share the estate.
My sister, who is the successor trustee of Auntie #5’s trust, said Auntie’s trust gets a share. My sister will end up with that money in Auntie #5's trust. She is also helping my mother to settle Uncle #13’s estate since my mother is 93 y.o. and can’t handle the stress.
Is she correct? It would look really bad on her if she is wrong, like she is trying to cheat all my cousins out of part of their inheritance.
 
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Taxing Matters

Overtaxed Member
Does the living trust get a share of Uncle #13’s estate?
The trust does not directly inherit anything unless he had a will that specified something goes to his estate. But bear in mind that who gets to inherit is determined by who is still living at the time he died, not at the time the distribution is to be made. So if his wife was alive at the time he died her estate would still be entitled to her share of his estate. If she had a will that directs everything to her trust (called a pour over will) then once her share got to her estate it would then next go to the trust.
 

LdiJ

Senior Member
The trust does not directly inherit anything unless he had a will that specified something goes to his estate. But bear in mind that who gets to inherit is determined by who is still living at the time he died, not at the time the distribution is to be made. So if his wife was alive at the time he died her estate would still be entitled to her share of his estate. If she had a will that directs everything to her trust (called a pour over will) then once her share got to her estate it would then next go to the trust.
I don't think Auntie #5 was his wife, I think she was one of his siblings. I agree though. If she was alive when Uncle #13 died, then her estate would get a share of the inheritance.
 

Taxing Matters

Overtaxed Member
I don't think Auntie #5 was his wife, I think she was one of his siblings. I agree though. If she was alive when Uncle #13 died, then her estate would get a share of the inheritance.
You may be right. It just wasn't entirely clear exactly what the relationships were. But, as you note, my explanation would be the same either way.
 

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