QUESTION

Will my aunt's will be honored if one of the two persons she has left money for in a trust dies before she does?

Asked on Mar 25th, 2014 on Wills and Probate - Texas
More details to this question:
My aunt's will sets aside funds to care for two handicapped family members; one has passed away. Will the trust still be set up for the other one? There is no language dealing with this eventuality, nor is there language stipulating what percentage was to be set aside for each member.
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1 ANSWER

Marion Cain
If your Aunt is still alive, it would be wise to have her attorney look at the trust and perhaps revise it to be more specific. If your Aunt has already passed, put the trust in the hands of an attorney used to working with trust issues for handicapped persons.  He/she  should be able to set up the trust to care for the remaining beneficiary without interfering with possible government benefits such as medicare/medicaid.  This can be a very technical and critical issue so look for an attorney who specializes in this type case.
Answered on Mar 26th, 2014 at 2:42 PM

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