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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Living Trust provides: " gets 50% of the residue of the

Customer Question

Living Trust provides: "John gets 50% of the residue of the estate if he can prove in a signed writing by a physician, psychiatrist or clinical psychologist that he has been clean and sober for the last 5 years." No other language regarding distribution
to John. If he doesn't prove he has been clean and sober for the last 5 years, does he get anything under the Trust?
Submitted: 1 year ago.
Category: Estate Law
Expert:  jb156200 replied 1 year ago.

Without seeing the original trust document, usually in these situations, if the beneficiary does not meet the requirements of being sober, then the beneficiaries 50% devise, remains in trust until he meets the requirements. The provision does not mean his 50% distribution is forfeited. For example, let's say you die and he does not meet the requirements, then his distribution will remain in trust controlled by the trustee you have appointed. If 5 years after your death he now meets the requirements, then the trustee can make the distribution.

Customer: replied 1 year ago.
Thank you for answering on a Sunday. Why wouldn't John get zero if he can't prove he has been clean & sober for the last 5 years?
Expert:  jb156200 replied 1 year ago.

That is still a possibility depending on whether that language is in the trust

Expert:  jb156200 replied 1 year ago.

In order for John to get Zero your trust would have to state that failure to be clean and sober results in a forfeit of his share of the Trust

Customer: replied 1 year ago.
What you would be the charge to send the trust to you tomorrow for your review? It's a trust & 3 amendments?
Expert:  jb156200 replied 1 year ago.

You may scan and attach the documents.

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