Legal Question in Wills and Trusts in Michigan
My grandmother died leaving a trust instead of a will. Two of her children preceeded her in death and one left 3 children and the other had 4. Does the third generation divide the 2 shares 7 ways or do the 3 kids divide their parent's share and the 4 kids divide their parent's share? This question is holding up the trust dispersement and I need to know if it is really this complicated.
2 Answers from Attorneys
The answer should be mentioned right in the trust document itself. More than likely it is the latter - 3 kids dividing their parent's share and the other 4 dividing theirs. Would be happy to review the document, confirm and explain.
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The trust should state it, although it may be in "legaleze" . I could review it for free. Please call me to discuss at 586-868-5100 ext 17. Normally, the children divide the deceased parent's share among that deceased parent's children. So 3 would divide one and 4 would divide the other, but it depends upon the trust.