Estate transfer if trustee dies

A trust controls how all things are distributed from it. You can only answer your questions by reading the trust. Sometimes a gift is allowed only if the person lives a certain period of time. If this is not the case, then your father's share should go to his estate.

If your father has no will and lives in Florida, and he has no spouse; then Florida provides that it goes to his kids equally. If any of his kids predeceased him then it would go down their blood line to those grandkids.

If your father is competent - have him see a lawyer. He may be able to avoid probate and its expenses.

Lance - www.omplaw.com

I agree with Mr. McKinney regarding the fact that the trust your Grandmother left will control who gets the assets if your father dies. Generally the trust will state that a distribution will be received only if that beneficiary survives, and sometimes it will skip a generation, in that the assets will provide for those beneficiaries during their lifetime (income and principal from the assets) and on the death of that beneficiary it passes to their children or a charity. Again the trust will prevail and the trustees have a fiduciary duty to administer the trust accordingly. Your father should have a will or trust regarding his assets if he is competent to execute a will. Florida law provides that a testator (man leaving a will) can have periods of lucidity (competency) so that if he is competent some of the time he can still make a will. This should be a priority. In FL without a will the estate will pass by intestate law, first to spouse and children then to parents and then to siblings.