When a deceased beneficiary’s trust inheritance passes to her estate, it’s subject to probate. The property is eventually distributed to her beneficiaries – the ones she’s named in her will. If she doesn’t leave a will, it passes to her closest kin according to state law.

And if a Beneficiary dies before the Settlor dies, then the Beneficiary’s share of the Trust assets pass to whomever is specific in the Trust. In a vast majority of Trust documents, once a Beneficiary survives the Settlor, then his or her share of the Trust is vested and cannot be taken away.

Who are the trustees of a family trust?

A family trust is set up by a legal document often known as a trust agreement, which usually designates an initial trustee or two or more initial co-trustees. The document also designates one or more successor trustees in the event the initial trustees can no longer serve, such as in cases of resignation, death, or removal.

What does a successor trustee do after death?

Your successor trustee is responsible for settling your trust or continuing to manage it for you after your death. The exact duties would depend on the terms you set for your trust in its formation documents. These documents are called the trust agreement.

What happens to a trust when the owner dies?

Generally, once they die, it becomes irrevocable and is no longer modifiable. In the legal agreement, the settlor names a successor trustee. When they pass away, the person named takes over and becomes responsible for distributing the settlor’s assets according to the method set out in the agreement.

How can I remove a trustee from my trust?

Beneficiaries seeking removal of a trustee may also need to file a petition for removal, as discussed below. A petition for removal of a trustee can be filed by either a co-trustee or a beneficiary. This process can be further complicated if beneficiaries are also designated as trustees.