Who owns a house that is in a Trust if the beneficiary dies??

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Who owns a house that is in a Trust if the beneficiary dies??

A mother transferred her home to herself in Trust for her adult son. However, the son predeceased his mother. Do the adult children of the son have any rights to the home?

Asked on July 29, 2018 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no general answer: a trust is a creature of the words and documents that created it, and so what happens to it is determined by those documents and language. For a definitive answer, bring the trust docuuments to an attorney to review in detail with you. That said, the snippet of language you quote ("in trust for her son and their heirs and assigns forever") implies that the trust remains in existence and is now managed, according to the rules or instructions in the trust document(s) (e.g. regarding use or sale of the home) for whomever (children? siblings?) will inherit from the deceased son.


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