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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9389
Experience:  Since 1983
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My friend recently passed away and I left me as her Personal

Customer Question

My friend recently passed away and I left me as her Personal reprsentative. I will recieve 1/2 of her estate. She left a Trust, unaltered, that was left to her by her mother that now goes to her sister's trust, who she was estanged from for many years. This diminishes her estate by over half and her sister will not be able to use those monies, as she has a Special Needs Trust, which she has no access to because she has been for many years and will been on disability for the rest of her life. Her SNTrust has more money in it already that she will ever be able to use. As her heir, is there any way to inherite the trust, even though I think her mother probably stipulated that it go to her sister if she passed away. Those monies from both trusts will probably go eventually to the State, when her sister passes away. Is there any legal recourse?
Thank you,
Submitted: 11 months ago.
Category: Estate Law
Expert:  N Cal Attorney replied 11 months ago.

Thank you for your question.

I'm sorry you lost your friend.

Her interest as a beneficiary of a trust set up by her mother is not part of her estate, and her will cannot direct it to be given to anyone. What happens to her interest as a beneficiary of the trust is controlled solely by the trust. Any funds that she received from the trust prior to her death are part of her estate and do not get refunded to the trust.

I am sorry this is likely not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.