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Old 01-21-2011, 01:23 PM
minoly minoly is offline
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Default Revocable Living Trust Question

I have met with a few attorneys regarding setting up a revocable living trust and I am not getting a consistent answer in one area. I want to set up a trust and allocate X% or $ to my mom and X% or $ to my son. Both will be my beneficiaries. However, my mom will also be trustee upon my death because my son is not even 1 year old yet. What I want to happen is if I die and my mom also pass away later, then anything that I allocated to her in my trust (whatever is left) will roll over to my son as sole beneficiary upon her death.

Given the scenario above, some attorneys told me that my mom will need a to set up a trust of her own while others told me that it can be done like how I wanted and that my mom doesn't need to set up a trust of her own. Which answer is accurate? Please advise.

Thanks!

Last edited by minoly; 01-21-2011 at 01:26 PM.
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Old 01-24-2011, 04:41 PM
moderator moderator is offline
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The best answer is going to come from an attorney with experience in this area. It is hard to always have a concrete answer in law because the laws change so frequently. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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