What to do if a beneficiary wants to reject a gift left to it in a Trust?
Question Details: A relative left terms in his Trust to give the estate to the church and build a shrine to the relative. The church doesn't want to do that.The trust makes no provisions to do anything else. Is the manager of the trust obligated to contact next of kin for handling the estate since the church refused the offer?
This question cannot be answered without seeing the trust agreement along with any other estate planning documents and speaking with you in detail. If the trust gives the entire estate to the church, the church disclaims the gift, and the trust makes no alternative provisions, the gift will fail. This means that the Settlor's estate will be distributed according to his or her will, if there is a will, or according to the intestacy statutes if there is no will. A probate estate will likely be required and the estate will pass to the legal next of kin. The Trustee should contact the next of kin, but you should not wait for this.
I suggest you consult a probate lawyer to advise you.
