Full question:
I am Trustee of an Irrevocable Bypass/Unified Trust (Testamentary Trust), which was setup in 1992 by my Aunt Anne's husband who died in 1992. This trust was to distribute income to my aunt until her death. According to his will,upon Anne's death, the principle was to be distributed to my brother and me, with no mention of successor beneficiaries. My brother passed away in 2005. On March 9, 2009 my Aunt Anne died and now I am the only living beneficiary. I am using Aunt Anne's Attorney to finish this trust and make distributions. This attorney isn't sure if all the assets go to me, the only surviving beneficiary, or if my brother's half should go to his wife and children. Note: he was not a blood relative of the deceased uncle and there was NO ONE mentioned in the will other than my brother and I. This attorney says that we must take this to Orphan's court to be decided OR to have my brother's family sign off OR have them and me sign an agreed upon amount. Without involving Orphan's Court, can you give me an answer as to who receives these funds -- either me 100% or split it with my brother's family? Also, is it a conflict of interest for me to use my Aunt's attorney to represent me and my interests in this matter, since he is the one who prepared her will and her trust?
- Category: Wills and Estates
- Date:
- State: Pennsylvania
Answer:
The resolution of this matter will depend on the court's interpretation of the relevant documents. Key factors include whether your brother's estate was probated and if your aunt was intended to inherit your brother's share. Under Pennsylvania's anti-lapse statute, if a sibling or child mentioned in a will dies before the testator, their share typically passes to their children unless the will explicitly states otherwise (20 Pa.C.S.A. § 2514). Since your brother was not a blood relative of your uncle and the will does not mention any successor beneficiaries, it may imply that his share does not automatically pass to his wife and children.
Regarding the conflict of interest, using your aunt's attorney could be problematic since they have a duty to represent your aunt's interests, which may conflict with yours as a beneficiary. An attorney cannot represent clients with conflicting interests in related matters.
Ultimately, you may need to consult the Orphan's Court or reach an agreement with your brother's family to clarify how the assets should be distributed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.