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What happens if beneficiary of a trust dies before the age required to receive trust and a clause states an age must be attain

Kingston, NY |
Filed under: Irrevocable trust

trust says if beneficiary dies it goes to bene's issue then living. Clause says if bene dies before 35 then trust distributes to settlor's issue then living

Attorney Answers 4


The terms of the trust goven the rules associated with the funds payable upon the death of a beneficiary prior to their achieving the designated age. In some cases, the trust assets will state that funds go to the issue (children) of the beneficiary and, in other cases, the funds will go to another party. If the trust is not clear, a court can be asked to interpret the grantor's intent as best as may be possible. I hope this helps. If you need further questions answered, consult an attorney and bring in all relevant documents for his or her careful review.

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It is held in trust by the then acting trustee and distributed at age 35.
There may be other provisions that allow the trustee to pay for education, health, etc.

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.

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The trust terms will dictate what happens. From your question it seems like there is a conflict in the terms of the trust. You should have it reviewed by an experienced attorney

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Both attorneys offer sound advice. To get a conclusive answer have the document reviewed by an estates attorney. Anything less than that is guessing and is worthless.

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