Legal Question in Wills and Trusts in Florida
I am trustee for my Mom's estate. She left the money to her four grandchildren equally. One is deceased, but the will states "to my grandchildren then living, per stirpes". In this case I believe the money would go to his children. another grandchild is into drugs and illegal activity. My Mom put in her will if this should happen I would decide if that grandchild should get any money. If I decide against giving her money, would her share go to her children or would I put her share back into the estate to be divided among the other three grandkids?
2 Answers from Attorneys
I couldn't answer this question without a thorough review of the trust itself. You need to go to an attorney for a proper answer.
You really need to seek the help of an attorney. Although the trust may limit the giving of gift at the present time does not necessarily mean never - without a thorough review, you may overstep your fiduciary duties and be sued.
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