If beneficiary named in trust dies who received the property?

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 provisions of the Trust may specify who receives the property you would have received if you predecease your Mother.  Under intestate laws of Alabama there is a term named "representation" which when used in the context of Wills and Estates means that for example, the children of a deceased child step into their parents shoes and receive what they would have received. If the trust does not provide who receives the propetty left to you, the intestate laws of Alabama may control as to who receives your interest of your Mothers estate.  If the trust states that the property to you goes to someone else it controlls.

The Intestate Succession law of Alabama generally leaves property to the surviving spouse and to the children in some percentages. 

2006 Alabama Code - Section 43-8-41 — Share of the spouse.

The intestate share of the surviving spouse is as follows:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;
(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;
(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;
(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.
(Acts 1982, No. 82-399, §2-102.)

2006 Alabama Code - Section 43-8-42 — Share of heirs other than surviving spouse.

The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:

(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
(2) If there is no surviving issue, to his parent or parents equally;
(3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;
(4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.
(Acts 1982, No. 82-399, §2-103.)