Avoid Probate With A Revocable Living Trust

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Most people establish a revocable living trust as the centerpiece of their estate plan to avoid the probate of their assets 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. 

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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. 

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Petition The Court To "Fix" A Broken Trust

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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:

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• Confirm trust assets

• Construe the terms of the trust

• Appoint a successor trustee

• Modify or terminate a trust

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Contact The Law Office Of Nicole Warmerdam

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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.