Legal Question in Wills and Trusts in Texas
Who is entitled to receive the remaining part of the Trust?
In my grandfather's will, A Bypass Unified Credit Trust was created in which the will
provides the following...
''Upon the death of my wife, this trust shall terminate and the trust corpus shall be distributed to ''my son'' and ''my daughter'' share and share alike''
(there names were listed in lieu of ''my son'' and ''my daughter'')
The son passed away in 1989
The wife passed away in 2006
QUESTION:
Who is entitled to receive the remaining Trust Estate upon wife's death and under what grounds?
Should this portion of the trust go to
(a) the living child
(b) the deceased child's children, or
(c)the deceased child's wife?
The deceased child's ''Will'' written in 1982 left his entire estate to his wife.
Should the son's will be taken into consideration or should the grandfather's will stand alone? There is no other language regarding the termination of the trust.
Thank you.
1 Answer from Attorneys
Re: Who is entitled to receive the remaining part of the Trust?
The equal shares of the estate are divided among the living child(receiving one share) and the deceased child's children (dividing one share equally between each)
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