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Legal Documents - Ring Binder on Office

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. 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;

  • Appoint a successor 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.

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