Legal Question in Wills and Trusts in Massachusetts

trust

My father died and had a private trust set up. The beneficiaries of the trust and the executor of the trust are deceased. I believe it is a Real Estate Trust. My name was not on the trust. I am the only blood relative that remains alive. My name wasn't on the trust-who will receive the monies in the trust?

Thank you

mary-Jo Kiernan


Asked on 9/09/05, 2:51 pm

2 Answers from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: trust

You have to start with the trust document. It should provide for the termination of the trust and the distribution of any remaining trust assets. A badly written trust may not provide for the orderly termination and distribution of the trust assets, in which case you may be able to petition a court to terminate the trust and distribute the proceeds to you if you are the sole heir. On the other hand, if it was a realty trust and no one has paid the real estate taxes for a while, the property may have been taken for unpaid taxes.

For a small fee, I can check it out for you, if the property is in MA and the will was probated in MA.

508-755-1538

Read more
Answered on 9/09/05, 10:38 pm

Re: trust

You have to start with the trust document. The Trust may or may not provide for orderly termination and the distribution of any remaining trust assets. You may be able to petition a court to terminate the trust and distribute the proceeds to you if you are the sole heir. On the other hand, if it was a realty trust and no one has paid the real estate taxes for a while, the property may have been taken for unpaid taxes.

Assuming the property is in MA, the estate will be probated in MA. For a reasonably small fee, an attorney can check this out for you. It will also depend if your father had a Will, if he did the attorney will need to look at it to see if it impacts anything.

Read more
Answered on 9/10/05, 1:08 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts