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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6769
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I became trustee of a revovkable living trust . Mother died.

Customer Question

I became trustee of a revovkable living trust . Mother died. Father died . 1st ... my mom update and added a codicil before her death ,stating all jewelry goes to me & my sister . All furniture and household goods go to all 4 children. Unfortunately my sister passed & my brother passed right before my mom . Thus 2 children left . Since 2 now are gone . Does the codicil over ride the living trust ? Inwhich was done by my mom with attorney . I assume legally it's my brothers and mine . If we like to share with grandkids we can .
Submitted: 4 months ago.
Category: Estate Law
Expert:  Irwin Law replied 4 months ago.

If the will and codicil passed personal property to four beneficiaries, two of whom predeceased the testator (your mother), usually, the bequests would pass to any heirs of the predeceased heirs. Without actually reading the title and the or the will it's hard to say, but that is the general rule. If you want to send me the actual language of the bequests I'll be happy to give you an opinion. I am not sure if your question had anything to do with the living trust.

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