Rights to Assets in Living Trust?

My aunt created a living trust before she died that left all her assets to her adult children, Phil and Joe. Both Phil and Joe were co-trustees of the trust. Phil passed away without a will 3 months after this occurred.

Then 3 months later, Joe passed away, with a will that names me executor. I have been named as a new trustee of the trust and need to transfer the assets to the estate of Joe to distribute the assets. However, there is a dispute over whether Phil's share went to Joe upon his death, or if Phil's share of the trust would go to his father...


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Jun 27, 2011
Who Gets Trust Assets
by: Mo Johnson

Hi, I can't really tell you without seeing the trust. If the trust assets were to be used by Phil and Joe without any restrictions and Phil left them in the trust, without some other language to the contrary, it would appear the assets became effectively Joe's once Phil died and thus should all go to Joe's heirs.

But, again, you should have a local trust attorney review the trust to give you specific advice in your case.

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