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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118658
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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If principal is to be distributed to the lifetime

Customer Question

If principal is to be distributed to the lifetime beneficiary
where th beneficiary has already made gifts to the
remainder persons what are the factors to becønsaidered
to make the distribution
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please clarify? The distribution must go to the beneficiary, not the remaindermen as long as the beneficiary is alive. If the beneficiary made gifts to the remaindermen prior to death and did not put in a will that those gifts were advances on their share as remaindermen, then those gifts are not included in calculation of the distribution. The only way the distributions would be reduced for those gifts is if the beneficiary put in writing they were advances on their remaindermen share.