Avoid Probate With A Revocable Living Trust
Many persons elect to establish a revocable living trust as the centerpiece of their estate plans to avoid the probate of their estates upon their deaths. The process of administering and distributing a trust at death is much simpler, less time-consuming, and can be completed at considerably less expense than if that property had to be probated.
Even though no court procedure is involved, a revocable living trust does not do away with administration altogether. The trustee still has a duty generally to collect, value, manage, and distribute the trust assets in accordance with the terms of the trust and applicable state law. The major difference between a probate and the administration of a revocable living trust is that, with a revocable living trust, everything is handled privately and without court supervision.
Petition The Court To "Fix" A Broken Trust
Sometimes a lack of flexibility in the trust's terms, the passage of time, or a change in circumstances necessitates that we go to court to "fix" a broken trust. Similarly, we may need to go to court to obtain relief on behalf of a beneficiary whose rights are being violated. There are a variety of petitions we may file to seek relief in the probate court, including but not limited to petitions to:
Try to save an un-funded trust;
Confirm trust assets;
Construe the terms of the trust;
Demand a copy of the trust;
Demand an accounting of the trust estate;
Appoint or remove a trustee;
Modify or terminate a trust; and
Combine or divide trusts.
Contact The Law Office Of Nicole Warmerdam
A trustee is legally obligated to follow the terms of the trust instrument and must understand all of its provisions and the duties and responsibilities created by them. If you are a Successor Trustee, we can assist you in carrying out your duties as Trustee. If you are a beneficiary of a trust, we can assist you in enforcing your rights and in moving toward a resolution of the issues.