More details to this question:
I am the successor trustee for a trust for my sister-in-law. When she dies the trust shall continue and income goes to her disabled son or his guardian. When he dies the trust terminates and the remaining proceeds go to heirs at law. Who are the heirs at law. She does have 3 other children.
1 ANSWER
Maryellen Sullivan
The trust document itself may define heirs at law. If it does not, you need to look to the definition in the trust statutes for the state where the trust was created. Heirs usually mean the closest relatives including a surviving spouse and adopted children. Please note that, if the trust states that the remaining assets of the trust go to heirs at law when the disabled son dies, this means those heirs living at that time. It also might be defined as his heirs, not his mother's. Again, look at the language of the trust document. If you are unclear, you (as trustee) can petition the probate court to guidance as to how to administer the trust. This cost would be paid by the trust.
Answered on Mar 14th, 2017 at 7:30 AM