Erlenbach v. Estate of Thompson

Grosse, J

When an inter vivos trust provides that upon the trustor’s death property will pass to two beneficiaries, or the survivor of them, and the trustor has stricken an alternative provision that the property pass by representation (per stirpes), the survivorship language in the trust is sufficient to preclude application of the antilapse statute. The trial court’s determination to the contrary is reversed.

FACTS

Melissa Thompson died August 16, 1982. Before her death, she executed an inter vivos trust on a preprinted form designating herself as trustee and her two sons, Christopher and…