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Hello,If a beneficiary of a trust died before the named on the trust and under the beneficiarys name it says with right of representation but in another section under distribution it says if the trust wants for a beneficiary it is to be distributed to living heirs, said heirs and beneficiaries per commonwealth of massachusetts laws of intestancy.If there is a living sister or brother no children,spouse or parents. Does the sibling have a right or did the interest terminate when the beneficiary passed. Thank you.
Optional Information: State/Country relating to question: Massachusetts Already Tried: This site only
It would appear that the interest would pass to the heirs as per the rules for intestate succession.
okay, thanks. Even if the heir is a sister and not a child?
The rules of intestate apply to the dead beneficiary and not just to the person who's trust it was? Thanks.
Yes, a sibling can be an heir if there is no child.
The other part of that question was if the rules of intestancy applied to the dead person or does that usually mean to the person leaving the trust? I ask because the beginning of the sentance states that interest lapses, so I am just confused.
Thanks much
The rules of intestacy would apply to the beneficiary if the interest of the beneficiary was by representation. Representation would imply that the intestacy rules apply.
Experience: Over 25 years of practice.
great, thank you!
You are welcome and good luck.