Hi, I have a will from my grandmother that passed a few years ago. It says something to the effect of the Trustee paying all her debts, funeral coats and bills and then goes into what to do with the money that's left. She had it divided to split between her 3 kids, and each grandchild got $5k. Well my mom died before my grandma (she was one of the 3 kids). So there's now an amendment to the will that says my aunt is the Trustee and she now devides the estate
as: 40% to my aunt, 40% to my uncle, 10% to me and the remaining 10% to be split amongst the other 3 grandchildren. It says exactly: "if I should decline, die or otherwise be unable to act as trustee, u appoint my daughter, DAUGHTER'S NAME, as Successor Trustee. If she should decline, die or otherwise be unable to act as Trustee, I appoint my son, SON'S NAME, as successor trustee.
Sections SECTION #'S, of the original trust agreement dated June 13, 1996 are revoked and replaced with the following:"
It lists my aunt & uncle and what she left them then it says
"Ten percent to my grandchild, MY NAME, or to her children on the principle of representation. "
I was under the impression that the principle of representation meant that if I should die, or otherwise become incapacitated, my daughter would receive that money.
My question to you: is that true? I received half of what was left to me (so 5% of her entire estate) about 5 years ago. My aunt is claiming they're saving the other 5% for my daughter to be dispersed at their discretion. I disagree. Am I entitled to that money now? Being that my daughter's name is ***** ***** on the will, and when "my children" were mentioned it was only under the principle of representation?