My mother in law dies recently. Before she died she established a revocable trust naming her daughter and her son as equal (50-50) beneficiaries. In an amendment she stipulated that ownership of a vacation condominium was to pass entirely to her daughter. My question is..does the amendment remove the condo from the trust and its value is not considered when dividing the trust assets equally or does the condo remain in the trust and its value is considered when dividing the assets equally?
Answer
This will be a matter of interpreting the documents and you will need an attorney to consider them. Depending on how specific she was and how well the attorney addressed the issue, it could go either way. If I had to guess, without any more information than you have stated, I would go with the condo being conveyed and the other assets still being divided 50/50.
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