Legal Question in Wills and Trusts in Virginia

My father in-law's will states, "6% to to my hereinafter named Trustee, IN TRUST, to each of my minor grandchildren" The Trustee of his will is my mother-in-law, and my wife is the successor Executor and Trustee. I have a joint living trust set up for my children. My wife and I serve as Trustees. Can the assets in my father in laws' will be transferred to the existing living trust?


Asked on 1/15/10, 11:14 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Probably not. The portion of your father-in-law's estate going to the kids in irrevocable, and the living trust you have for the kids is probably revocable; also, there may be differing provisions in the two trusts regarding when and how the funds are to be paid to the kids. There might be some language in the will or trust under the will to make it possible to transfer the funds to the existing trust, but that would be highly unlikely.

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Answered on 1/20/10, 11:33 am


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