My husband and his brother were listed as beneficiaries on their mother's trust. She died in 2008 and his brother was living with her at the...

Question

My husband and his brother were listed as beneficiaries on their mother's trust. She died in 2008 and his brother was living with her at the time of her death. According to the trust either he or my husband, or both, may live in the house until they move out, at which time the house is to be sold and the proceeds split. My husband died in 2012 and now I wonder if our children would receive his share, even though they are not listed by name on the trust.

Answer

Your question, which is certainly a good one, cannot be answered without a review of the trust document. The trust may hold your husband's half of the home in trust for his children (or even you) until your brother-in-law's death or the termination of the trust. Or the trust may terminate now and leave the home outright to your brother-in-law. I have drafted different trusts with both of these provisions.

Answer

You really need to have the trust isntrument itself reviewed carefully to answer your question. If the Declaration of trust was properly drafted it will address your concerns.