Administration of Trusts & Estates

Within 180 days of accepting trusteeship, a trustee must notify the qualified beneficiaries that they are in fact the beneficiaries of the trust, and therefore have a right to receive a copy of the trust and request an annual accounting. Once the trust becomes irrevocable, usually upon the death of the grantor, the beneficiary will receive a copy of the trust along with a notice of their right to contest the terms of the Trust. The beneficiaries will have six months to contest the terms of the trust. If a trust contest is apparent, the trustee should register the Trust with the probate court. This also establishes jurisdiction over the trustee.

Publication of the grantor’s death must occur for four consecutive weeks and give the correct information required by the state. Publication will occur in the newspaper where the grantor was living at the time of their death. After six months of publication, all unknown creditors will be prevented from making any claim.

Anyone in possession of the grantor’s will is required to file the will. This is not the same as probating the will. Filing the will simply means depositing the will with the probate court. In order to actually probate the will, an application for probate must be filed.

Administration of Trusts & Estates Attorneys

Tabitha L. Atwell | Ronald N. Danna | Michael J. McKitrick | Bryan J. Schrempf