Legal Question in Wills and Trusts in Nevada
Beneficiary rights
My father and I are included in my Aunt's Will. My
Father passed away before my Aunt. Do I have any
rights to his share of the Trust in addition to my
own?
Thanks for your hel
2 Answers from Attorneys
Re: Beneficiary rights
Regarding the Trust, it may provide for your father and his descendants, such as yourself, and the Will might simply "pour-over" assets that were not in the Trust when your aunt passed away. Thus, your aunt's Will would need to be probated and an order distributing the assets to the Trust would have to enter first. Then the trust assets would be distributed according to the terms of the Trust.
Beneficiary rights - Beneficiary died first
It all depends on what the Will says. Attorneys prefer to draw up Wills to specifically say who will get what if a beneficiary dies first. For example, if the property is going to a person's brothers and sisters, it may say "to the surviving brothers and sisters." In that case, only those who survive inherit. On the other hand, it may say "to the brothers and sisters, or their heirs, by right of representation." In that case, the heirs of the brothers and sisters who died take over the share and divide it.