Do my children inherit my share of my mother's trust if I die first?

Full question:

if i am the trustee and one of the beneficiary of my mothers trust and i pass away before her do my children get my share

• Category: Trusts
• Date: 04/07/2025
• State: New Jersey

Answer:

The Trust may specify who receives your share if you pass away before your mother. In Alabama, intestate laws include a concept called "representation," which means that your children can inherit what you would have received if you die before your mother. If the Trust does not state who gets your share, Alabama's intestate laws will apply.

Under Alabama's intestate succession laws, property typically goes to the surviving spouse and children in defined percentages. For example:

• If there are no surviving children or parents, the spouse receives the entire estate.
• If there are surviving parents but no children, the spouse gets the first $100,000 plus half of the remaining estate.
• If all children are also children of the surviving spouse, the spouse receives the first $50,000 plus half of the remaining estate.
• If some children are not children of the surviving spouse, the spouse receives half of the estate.

If there is no surviving spouse, the estate passes to the children. If there are no children, it goes to the parents, and then to the grandparents or their descendants.

For more details, see Alabama Code § 43-8-41 and § 43-8-42.