Legal Question in Wills and Trusts in Louisiana

My great aunt (from Louisiana) set up a trust when she died. My three brothers and I are principal beneficiaries of the trust when it pays out in about 30 years. We live(d) in Texas (3) and Pennsylvania (1). My brother in PA died last year with a will, I don't know if it specifically addressed the trust. He and his wife owned everything jointly with survivorship rights it sounds like, she did not probate the will. He and she have two sons. The Trust states that we,"shall be principal beneficiaries of the trust in the proportion that they would inherit from me as my legal heirs" under LA inheritance laws. I assume this means we each are due 1/4 interest. The question is does my disceased brother's interest in the trust go to his estate although he's already dead, his spouse, or his children and does PA inheritance law, LA inheritance law or both apply?


Asked on 11/02/11, 3:12 pm

2 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

First, unless your aunt's trust specifically precludes the next generation, your brother's heirs will inherit his portion. Louisiana law dictates the way the trust is handled and Pennsylvania law will control your brother's estate unless the trust says otherwise.

Read more
Answered on 11/02/11, 4:19 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Louisiana