If the beneficiary named in a trust dies, what happens to the property depends on the specific terms outlined in the trust document. Typically, a trust may include provisions for such circumstances. Here are a few possibilities:
- Alternate Beneficiary: The trust may designate an alternate or contingent beneficiary who would receive the property if the primary beneficiary passes away. In this case, the property would pass to the alternate beneficiary according to the instructions in the trust.
- Residual Beneficiaries: The trust may have provisions that specify what happens to the property if the primary beneficiary dies without any alternate beneficiaries designated. It could name one or more residual beneficiaries who would receive the property after the primary beneficiary’s death.
- Distribution according to Will or Intestacy: If the trust does not provide any instructions for such a situation, the property may be distributed according to the beneficiary’s will (if they have one) or the laws of intestacy (if no will exists). This means the property would be handled as part of the beneficiary’s estate and distributed to their heirs or beneficiaries according to applicable laws.
- Return to the Grantor or Trust Estate: In some cases, if the trust does not specify an alternate beneficiary or residual beneficiaries, the property may revert back to the grantor (the person who created the trust) or become part of the trust estate to be distributed according to the trust’s overall terms.
- If the deceased beneficiary is a child of the deceased that has children (grandchildren), there is usually a right of representation that allows the grandchildren to receive their parents share. However, the terms of the trust may make this inapplicable.