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It depends on the language of the trust agreement. If it is silent on the issue, then it should pass to the estate of the person who created the trust. ==Additional Answer== In most jurisdictions a trust must have termination language in order for a valid trust to be created. It must contain instructions regarding the disposition of the trust property after the death of the beneficiary. Instructions for the disposal of the trust property is especially important when the trust holds the title to real estate. A valid trust makes provisions for the trustee to dispose of the property when the trust is terminated or upon the death of the beneficiary. If there is no power in the trust to dispose of the real estate then that matter must resolved by a court of jurisdiction in order to clear the title. The title to the property would not pass back to the trustors estate unless the trust was found to be invalid and so the trust failed and the trust property had REMAINED in the trustor's estate. You would need to check your state trust laws.

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16y ago

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