Legal Question in Wills and Trusts in Florida
Three siblings are to share equally in a trust. One dies before all funds are distributed. The trust calls for the two survivors to share equally what remains. The sibling who died, however, has their own trust. Does a third of the remaining estate go to the trust of the deceased sibling? The trust does not mention any siblings trusts, just the siblings by name.
2 Answers from Attorneys
The leftover amount is distributed according to the terms of the original trust that left the money to the three siblings and that still retains funds that have yet to be distributed.
It depends. If the distribution of the original trust funds is a result of someone dying and the funds should have been distributed prior to the sibling dying, then funds will likely need to be paid to the sibling's estate. Otherwise, I agree with Mr. Labovitz's response.
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