Is the spouse entitled to a portion of a revocable Trust if it reads
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Is the spouse entitled to a portion of a revocable Trust if it reads
“Upon death, the trustee shall make payments and shall divide the remaining income as follows 1/3 to each sibling”.
Asked on December 3, 2018 under Estate Planning, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
We assume you mean the spouse of the deceased sibling--if that is not what you mean, please clarify your question and repost.
If you are asking about the spouse of the deceased, then if the deceased sibliing died before the trust was to be distributed, the spouse is not entitled to the sibling's share. A trust is distributed according to its plain terms or language; spouse of a beneficiary has no right to a distribution from a trust if his/her spouse predeceases the distribution, unless the trust specifically states that the spouse gets the money in that situation.
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