Grandfather passes and leaves trust for two Children. One dies......
Full Question:
I have a complicated question.
My grandfather passed away in California and left a trust for his 2 daughter which includes a property, some stocks, and some other assets. 1 of his daughters (my mother) died under a year after her father with no will in Massachusetts. She had a husband and 2 children, 1 of whom was over the age 21. She has a pension, life insurance, retirement fund, and was an owner on the house. Who gets what?
11/05/2016 |
Category: Wills and Estates |
State: Massachusetts |
#26248
Answer:
1. My grandfather passed away in California and left a trust for his 2 daughter which includes a property, some stocks, and some other assets.
Answer: Since you say there was a trust for the two children, what each receives is probably controlled by the provisions of the trust and therefore no answer can be made regarding the trust. In reference to the deceased child who died after the Father the trust provisions may also address this.
If intestate laws of California apply here is the answer. But again the trust can change all of this.
Section 6402 of California Probate Code provides that the entire intestate estate if there is no surviving spouse,
passes to the issue of the decedent, the issue taking equally...
Therefore his property under intestate law would have gone to his two Children under California Intestate Laws.
Also Section 6403 of the probate code provides that a person who fails to survive the decedent by 120 hours
is deemed to have predeceased the decedent.
Since one child died over a year after her Father she still inherits if intestate law applies.
2. The Child that died within 1 year after the Father lived in Massachusetts. She had a husband and 2 children, 1 of whom was over the age 21.
Answer: Massachusetts intestate laws are somewhat different than most States.
Section 2-102. [Share of Spouse.]
The intestate share of a decedent's surviving spouse is:
(1) the entire intestate estate if:
(i) no descendant or parent of the decedent survives the decedent; or
(ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(2) the first $200,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
(3) the first $100,000 plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent;
(4) the first $100,000 plus 1/2 of any balance of the intestate estate, if 1 or more of the decedent's surviving descendants are not descendants of the surviving spouse.
Therefore, the surviving spouse receives the entire estate of your Mother if you and your Sister are children of the deceased Mother and her surviving spouse, your Father. If not, other provisions apply.
Combined Answer: The part of the Fathers estate in California that your deceased Mother inherits, if any since there is a trust, also goes to her Husband under MA law. The trust could change this in regard to the assets of the Grandfather.