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Do I inherit from my grandfathers "living trust?"

Clinton, IA |

My grandfather died in 2001 and created a "living trust" for the lifetime use of my Grandmother, however, the assets in my grandfathers living trust transferred to the name of his three children, including my father. In 2005 my grandmother added a codicil to her will providing that my fathers portion of his inheritance would go to my mother if he dies. He died in 2008. My grandmother died in 2013. Does the portion of the estate that was in a living trust from my grandfather also go to my mother?

Attorney Answers 3


  1. Its hard to tell from your facts.
    You state that the assets from the trust were distributed to the three children.
    So-what assets are you talking about?

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. Confusing set of facts. The best answer can be obtained by having an Estate Planning attorney review the Trust document itself plus the Will(s) of the deceased persons. Sit down for a consultation. See Find-A-Lawyer at the top of this page. Good Luck!


  3. It is impossible to answer your question without reviewing the trust document, the will, and the codicil. I would suggest that you contact a probate attorney in the Clinton area for assistance.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

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