QUESTION
Are my girlfriend and her brother required by law to share the proceeds of their mother’s house with their nephew?
Asked on Feb 21st, 2015 on Estate Planning - California
More details to this question:
Back in September 2014, my girlfriend’s mother passed away. She was left behind by my girlfriend, her brother and sister. She left behind a trust. All the insurance moneys were split three ways. Back in November 2014, her sister passed away too, survived by her son. Her son was not mentioned in their mother’s will. Her mother’s as at that time before their sisters death has not and still is not been put up for sale. He owns his own house and inherited his mother’s house.
5 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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The language of the trust needs to be examined. If it provides that designated beneficiaries must survive the settlor , or survive her by a certain period of time, such as 30 days, that is usually the only restriction on the interest vesting in the beneficiary. The usual rule of construction is that after the interest vests, it is part of the beneficiary's estate, so the nephew is entitled to the sister's interest if he is the beneficiary of the sister's estate, or her heir if she died intestate.
Answered on Mar 06th, 2015 at 3:46 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a trust litigation/ probate lawyer to represent you in these proceedings.
Answered on Feb 25th, 2015 at 3:43 AM
Edwin K. Niles
Can't give a complete and correct response without a review of the trust. However, is this situation is not covered by the trust terms, sister's share passed to her as of the date of death of mom, subject to administration. Therefore, upon sister's death,her share (and other assets) would pass to her heirs (if no will/trust) or to her beneficiaries.
Answered on Feb 23rd, 2015 at 3:16 PM
2 Awards
Possibly. Someone would have to read the will and/or trust to advise you for sure. Most attorneys give free consultations so you might want to take advantage of that and have the trust reviewed.
Answered on Feb 23rd, 2015 at 1:55 PM
The terms of the Trust establish who gets what. If the terms stated that the sister who died got X, and did not say she had to outlive the mother, then her estate gets X. If the nephew is the only heir to his mother's estate, then he gets everything his mother was entitled to. That he owns another house is totally irrelevant.
Answered on Feb 23rd, 2015 at 1:37 PM