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Do contingent beneficiaries get anything after the original beneficiary dies since the distributions were not ALL made yet?

San Francisco, CA |
Attorney answers 3

Posted

Someone would have to review the trust to be sure, but if the original beneficiary was entitled to an outright distribution, then usually any undistributed assets would pass as part of the beneficiary's estate and not to the contingent beneficiaries. Usually, contigent beneficiaries only take if the original beneficiary did not survive (for the required period of time). Normally, beneficiaries do not need to survive until distribution.

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Asker

Posted

But what if the Will also said, "In this Will I have left a large part of my estate to the then living children of john Smith->?

Asker

Posted

& this was entered into the Will AFTER she had already said then his HALF will be divided equally amongst, the 2 nieces were the conting. benefic. to the residuary but then she writes this so?

Asker

Posted

Our names are not even listed ANYWHERE except as the then living children & the children of "john smith" also as nieces, ...Even the dis~inherited people in her Will, inherited! 2 Neices never even got a notice! The chariteies were given our part of the residuary. They are listed in the Pecuinary gifts #7...Nieces are in the residuary they should of got the other 50% of the gift, not the charities.-

Asker

Posted

I'm 1 of hose nieces BTW.. :) hi~

Asker

Posted

"those" sorry..lol...

Mary Lynn Symons

Mary Lynn Symons

Posted

When a Will or Trust leaves something to the "then living" children (or whatever description), it would mean the children living at the testator's/trustor's death (or in some cases those living when a trust for a beneficiary terminates). I am unclear what you are saying in your second comment, but I am guessing that the residuary was divided into two halves. Each half would be treated separately. As I indicated, you wouldn't list names for then living children of the testator or then living children of John Smith because the bequest is to those who are living at a point that is in the future (based on the time the Will/Trust is executed). In order to make sense of your third comment, you need to have an attorney review the actual language. If charities are given peculiarly gifts, they are entitled to notice. I cannot over emphasize the need to see an attorney to review the actual language and who can learn all of the facts. You cannot get a precise answer without having someone review the exact language of the document.

Asker

Posted

The Residuary was 1 gift with half going to John Smith & the then living children are also in this gift. The charities are in the Pecuinary gift as #7, yet they got 50% of the residuary gift so>? Our Dad died while the distribution was still going on. What does the "Enjoyment" probate law mean?

Mary Lynn Symons

Mary Lynn Symons

Posted

I repeat my advice that you need to have the document reviewed by an attorney. You continue to add language to your post. Any answer provided without reviewing the entire document would be speculation. I am not sure what you are asking with repect to the "Enjoyment" probate law.

Asker

Posted

21112. A condition in a transfer of a present or future interest that refers to a person's death "with" or "without" issue, or to a person's "having" or "leaving" issue or no issue, or a condition based on words of similar import, is construed to refer to that person's being dead at the time the transfer takes effect in enjoyment and to that person either having or not having, as the case may be, issue who are alive at the time of enjoyment.

Mary Lynn Symons

Mary Lynn Symons

Posted

The transfer takes effect (and the time of enjoyment is) when the testator dies - NOT when the property is distributed.

Asker

Posted

its also for the beneficiary too correct?

Mary Lynn Symons

Mary Lynn Symons

Posted

I am not sure what you are asking. You look at who is living when the testator/trustor dies (including any required period of survivor imposed by the document - example thirty/sixty (etc) days. That is when the beneficiaries are determined. The beneficiary does not change if the beneficiary later dies having already survived for the required period. You have very specific questions that can only be answered after the document has been reviewed in its entirety.

Posted

Ms. Symons has provide the correct answer to your question. The same answer applies with respect to the residuary clause in a Will.

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Asker

Posted

21112. A condition in a transfer of a present or future interest that refers to a person's death "with" or "without" issue, or to a person's "having" or "leaving" issue or no issue, or a condition based on words of similar import, is construed to refer to that person's being dead at the time the transfer takes effect in enjoyment and to that person either having or not having, as the case may be, issue who are alive at the time of enjoyment. What does this mean then? Thnx~ :)

Posted

My colleagues are correct. Generally speaking, the contingent beneficiaries become entitled only when the original beneficiary predeceases.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

Asker

Posted

21112. A condition in a transfer of a present or future interest that refers to a person's death "with" or "without" issue, or to a person's "having" or "leaving" issue or no issue, or a condition based on words of similar import, is construed to refer to that person's being dead at the time the transfer takes effect in enjoyment and to that person either having or not having, as the case may be, issue who are alive at the time of enjoyment. WHAT DOES THIS MEAN THEN? Thank you~ :)

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