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Trusts and Estate FAQ

A beneficiary has few responsibilities other than keeping the executor, Personal Representative or Trustee of the Trust advised of their current address and other contact information.
A beneficiary is advised to seek counsel from a chosen CPA or other tax professional concerning the tax consequences of any distribution to be received by the beneficiary from the Trust.
The wording of a Trust agreement or Trust instrument will control what happens when a Trust beneficiary dies. The Trust instrument can make provision for alternate beneficiaries, for example.
If the Trust is your Trust, you should consult with your estate planning attorney about possible amendments to the Trust instrument to make provision for the death of the beneficiary.
If you are a Trustee, you should consult with an attorney experienced in Trust Estate administration to determine the legal effect of the death of the Trust beneficiary.
The terms of a Trust agreement or Trust instrument may impose requirements on a Trustee as to providing information to Trust beneficiaries. Also, if Missouri law controls the Trust, special statutory provisions apply. You should seek counsel from an attorney experienced in Missouri Trust Estate administration to determine what legal duties you have as Trustee.Intestacy occurs where someone dies without having an estate plan. The laws of intestate succession will apply to distribute assets if no estate plan exists.

FAQs are presented by Williams, Robinson, Rigler & Buschjost, PC as a public information service only.  None of the information contained herein is intended to be taken as legal advice.  Each matter depends on unique facts which attorneys must consider in forming an opinion, and may depend on laws unique to a particular jurisdiction.  No two cases are the same.  If you want to know more about this subject, contact Williams, Robinson, Rigler & Buschjost, PC, or the attorney of your choice, and seek a formal opinion about your particular case.

  
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