Estate Distribution Trust Explained

Summary

The passage describes an estate distribution through a trust, with income allocated to the wife, then daughter, and finally grandchildren under specific conditions. If grandchildren enter agreements under false pretenses, these may be considered fraudulent and unenforceable under Pennsylvania law. If misinformation was genuine, it might not be fraud, but agreements could still be challenged. Intentional deceit by a grandchild could lead to legal action for fraud, requiring evidence and potentially voiding agreements. Legal consultation is advised for further action.

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What is the meaning of this: "I give, will devise and bequeath, all the remainder of my estate, real, personal, or mixed, whether in esse or in expectancy, to my trustees hereinafter named, but in trust nevertheless, to hold the same for the following uses and purposes: to invest and to reinvest the same and to pay the income from the same to my wife Sue, during her lifetime. Upon her death, said income shall be paid to my daughter Sally. Upon Sally's death, said trust shall continue during the lifetime of any child or children of hers, until each shall have attained the age of 25 years when such children of hers as shall bear the name of Morris, as part of his or her name, or the issue of such children should any be deceased, shall receive per strpes a residuary portion of the corpus in final distribution. Should none of my grandchildren be so named, then the corpus is to be equally divided among all of Sally's children"
Hi ****! This passage outlines the distribution of an estate through a trust. Here's a summary:
- The estate's remainder goes to trustees.
- Income from the estate is paid to Sue (wife) for her lifetime.
- After Sue's death, income goes to Sally (daughter).
- After Sally's death, the trust continues for her children until they turn *.
- If any grandchild bears the name "Morris," they receive a portion of the estate.
- If no grandchild is named "Morris," the estate is equally divided among Sally's children.
Do you have any specific questions about this trust?
Suppose there are * grandchildren and * didn't have the name morris when they turned *, but they convinced the 4th, who did, to enter agreements under the false understanding that they too qualified, what would come of those agreements?
Hi ****!
The agreements made under false pretenses could potentially be considered fraudulent and unenforceable. Here are some key points:
- Pennsylvania law considers agreements based on fraud or misrepresentation to be invalid.
- The fourth grandchild could potentially challenge the agreements in court.
Do you need more details on how to proceed legally in this situation?
Suppose those three, were themselves misinformed and thought they qualified even though they did not, would that still be fraud?
If the three grandchildren were genuinely misinformed and believed they qualified, it might not be considered fraud since fraud requires intentional deceit. However, any agreements made under this misunderstanding could still be challenged and potentially invalidated due to misrepresentation or mistake.
Do you need more information on how to address this legally?
Suppose one of the three who did not qualify, was behind the scheme to pretend to qualify, how is that best dealt with?
If one of the three grandchildren intentionally schemed to pretend they qualified, it could be considered fraud. Here's how to address it:
- Gather evidence of the fraudulent scheme.
- Consult with a lawyer to potentially file a lawsuit for fraud.
- The agreements made under this scheme may be voidable.
Would you like more details on how to proceed legally or need assistance finding a lawyer in Pennsylvania?