Legal Question in Wills and Trusts in Massachusetts
In Massachusetts, My father was the ST of my grandmother’s trust. My grandmother died in 2001. My father never notified the trust of her passing, she died intestate to my knowledge, in 2018 my father also died intestate (ugh, such a mess), so know I am my grandmither’s only living relative. Am I the beneficiary of my grandmother’s trust since my Dad did not take action to tranfer to trust to himself, or is my Dad’s spouse the beneficiary of the trust (in this scenario it requires the mechanism of trust transfer from my grandmother to my Dad even thought notifications were not files).
The trust was in my grandmother’s name with my Dad as the ST at the time of my Dad’s death.
1 Answer from Attorneys
The language of the trust determines who the successor trustee is and who the beneficiaries are, if there is any principal remaining.