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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35279
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I have a will from my grandmother that passed a few years

Customer Question

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?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..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?.If you only have one child, then yes, that is true. Basically with right or representation, if an heir dies before the testator, and they don't change their will or trust, then the deceased's heirs would inherit equally according to their class. So if there were 2 children, they split the deceased heir's share. 3 means that they each get 1/3...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?.Yes, unless daughter is specifically named as an heir then she doesn't receive anything. You are entitled to the full 10% you were gifted...period..If aunt is sitting on the other 5% of your money, then you can file a "motion for contempt" to force her to appear in front of the probate judge and explain why she is violating her legal and fiduciary duty to follow the will...thanksBarrister