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trustee per stirpes...to Mom's estate

 
 
Trustee
 
Reply Fri 2 Sep, 2011 09:42 pm
My wife & I are Trustees of an Irrevocable Support and Pour Over Trust for the support
of her Dad. Upon his death, we are suppose to distribute the assets of that
trust to the decedents of her Dad, per stirpes…..<<<
Her father has now passed away as has her mother, 4 months later.
“think” these means we are to distribute the “entire” amount of the trust
to her Mother’s estate. And from then, the distributions and claims to her estate
will take place.
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joefromchicago
 
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Reply Fri 2 Sep, 2011 11:25 pm
@Trustee,
No, I don't think so. According to your post, you are supposed to "distribute the assets of that trust to the decedents of her Dad, per stirpes." So that's what you're supposed to do (although I'm sure you mean "descendents," not "decedents" -- BIG difference). Practically, though, there might not be any difference. If the children of your wife's parents are all still alive, and presuming that your mother-in-law divided her estate equally among her children, then the remainder of the trust would get divided equally among those children, regardless of whether it passed directly to them or through your mother-in-law's estate.
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