Trust Distribution Clarification Needed

Summary

The term living sisters, in equal shares, per stirpes in a trust can be complex. Living sisters refers to those alive at distribution, while per stirpes means a deceased sisters share might go to her descendants. Your nephew may claim entitlement to his mothers share under per stirpes, but living sisters suggests only those alive at distribution are considered. Consult a Florida estate planning attorney to review the trust document and clarify your rights.

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I have question about wording of
It sounds like you have a question about the wording of the trust concerning the distribution to the "living sisters." Could you clarify what specifically about the wording is confusing or concerning to you?
Then living sisters in equal shares, per stripes. I have a nephew who says he is untitled to his Mothers share. I dispute because of wording Living sisters and I’m the only living sister, therefore I’m the sole heir.
In a trust, the term "living sisters, in equal shares, per stirpes" can be a bit complex. Here's a brief explanation:
- Living Sisters: Refers to the sisters who are alive at the time of the distribution.
- Per Stirpes: Typically means that if a beneficiary (like a sister) has passed away, her share would go to her descendants (like her children).
Given your situation, your nephew might argue that he is entitled to his mother's share if the term "per stirpes" applies. However, since it specifies "living sisters," it might mean only the sisters alive at the time of distribution are considered.
It's best to consult a lawyer specializing in trusts and estate planning in Florida to review the trust document and provide guidance based on the specific language used.