What Happens to Trust Assets When Successor Trustee and Beneficiary Dies?

My aunt is Successor Trustee of my deceased grandmother's estate. My grandmother has a revocable trust and everything is supposed to be divided between my aunt and my mother. Well, my aunt just passed away a week ago. So does this mean that everything now belongs to my mother?

What if my aunt is married and her husband is not mentioned in the revocable trust? Is he entitled to anything?

I would appreciate any feedback on this issue....Thank you.

Deceased aunt in California...

Comments for What Happens to Trust Assets When Successor Trustee and Beneficiary Dies?

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Apr 28, 2011
It Depends on Trust Language
by: Mo Johnson

Hi, interesting question. As so often, unfortunately, the answer is: "It Depends."

In this case it depends mostly on the precise language in the trust. If the trust said the assets were to go equally to your mom and aunt, and when they passed, their portion to their heirs -- then that's how it should work. If the trust said the assets only were to be used by your mom and/or aunt and when one died they all went to the surviving beneficiary (in this case your mother) -- then that's what should happen.

Bottom line is it all depends on exactly what the trust says.

Of course, as always, this is just general information; not legal advice and you should discuss your unique case with your attorney.

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