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Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16710
Experience:  Handled many probate matters
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I am the Trustee of my moms estate who passed away 9 months

Customer Question

I am the Trustee of my moms estate who passed away 9 months ago. she left my brother & I each a piece of property.
My brother just unexpectedly passed away 3 weeks ago.
My moms trust states, should something happen to one of us, then left to his/hers living issue or next generation, children, grandchildren.
my brother has 3 children under age 18.
my question; can the property be deeded to me(trustee) & I be the beneficiary of children until they are of age (25)
Submitted: 9 months ago.
Category: Estate Law
Expert:  Alex Esquire replied 9 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

While I cannot comment on your specific situation, generally, the property would have to remain in Trust, until the children do reach the age of majority (18,unless otherwise specified by the Trust Agreement) and once the children reach the age of majority (become adults), then the real estate left for the deceased beneficiary can be deeded to his /her minor children.

I wish you the best of luck!

Expert:  Alex Esquire replied 9 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.