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If there is a family trust, does the land in the trust have to be redeeded when 1 member dies?

ADDITIONAL INFORMATION:

There is a family trust that holds land (it’s only asset) and 1 of the members died leaving his share to his child. Does the land need to be re-deeded to include the child who is an adult?

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

The trust owns the real estate. If a Trustee dies, that death is addressed on the deed transferring the real estate out of the trust, whether by a sale to a third party or a distribution to a beneficiary. If a beneficiary of the trust died, the the trust document itself would address what to do with the beneficiary’s share of the inheritance.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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The estate planning attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts; Quincy, Massachusetts; Manchester, New Hampshire and Salem, New Hampshire.

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