General Question

canidmajor's avatar

What happens if someone named in a trust refuses to participate?

Asked by canidmajor (21573points) July 18th, 2024

Slightly confusing, I know. Sorry.
For example, a parent dies, leaves monies in a trust to be divided equally among the three children. Much paperwork to be done. One child decides to simply not do the paperwork or deal with it at all. What happens to that third? Is there a statute of limitations before it moves on? Does it go to the next of kin of the beneficiary who didn’t acknowledge it? Does it revert to the two who did?

No other instructions were given.

This isn’t a thought exercise, I want to know if anyone actually knows.

General Q.

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9 Answers

JLeslie's avatar

I would ask an estate lawyer in your state. I would also try to look the law up yourself to read it over.

Seems like a very important question and sometimes these things vary by state or might depend on exactly how the trust was written up.

Tropical_Willie's avatar

Ask the lawyer that drew up the trust paperwork.

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SnipSnip's avatar

It depends on the state and how the trust is constructed. It may be as simple as that benefit rolling back into the trust to be distributed in the same manner as other benefits.
https://www.elderlawanswers.com/5-rights-that-trust-beneficiaries-have-15244

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