Is the spouse entitled to a portion of a revocable Trust if it reads
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 5 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.