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


Asked on 8/13/00, 10:32 pm

2 Answers from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

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.

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Answered on 9/20/00, 4:15 pm

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.

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Answered on 9/18/00, 11:33 am


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