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  1. #1
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    May 2015
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    Tucson, Arizona
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    Default Grantor's Children Were Not Listed As Beneficiaries of Her Trust

    My question involves estate planning in the state of: Massachusetts

    If the children of a living grantor are not listed as beneficiaries in an irrevocable trust, and in the absence of a will, when the grantor dies do the grantor's children need to go through probate to obtain the remaining assets in the trust?

  2. #2
    Join Date
    Jan 2006
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    38,535

    Default Re: Grantor's Children Not Listed As Beneficiaries in Trust

    Quote Quoting Amigos4
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    My question involves estate planning in the state of: Massachusetts

    If the children of a living grantor are not listed as beneficiaries in an irrevocable trust, and in the absence of a will, when the grantor dies do the grantor's children need to go through probate to obtain the remaining assets in the trust?
    they would not gain anything regardless what they do. The distribution of the trust is set in the rules of the trust. The beneficiaries of the trust are who would receive the assets of the trust, if that is what the trust documents direct. Some trusts are intended to continue indefinately so without reading the trust documents, there is no way to know what happens to the assets of the trust.

    but simply put: if the trustor put all of their assets in the trust and the children are not listed as beneficiaries, they do not get anything when their father dies...period.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,214

    Default Re: Grantor's Children Not Listed As Beneficiaries in Trust

    Quote Quoting Amigos4
    View Post
    My question involves estate planning in the state of: Massachusetts

    If the children of a living grantor are not listed as beneficiaries in an irrevocable trust, and in the absence of a will, when the grantor dies do the grantor's children need to go through probate to obtain the remaining assets in the trust?
    In every U.S. state except Louisiana children have no right to inherit from their parents. And even in Louisiana that right is fairly limited. All that most states provide is a very limited family maintenence benefit for minor children (i.e. those under age 18). That being the case, assuming the trust is valid, the terms of the trust will determine who gets the trust assets. The kids of the grantor have no good claim to make simply because they were left out of the trust. So contesting the trust in probate on that basis would be a waste of time and money. They’d need instead to find some defect that makes the trust invalid (e.g. the grantor was not competent when he/she executed the trust instrument, etc).

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