Legal Question in Wills and Trusts in Arizona

As Trustee of an Irrevocable Trust I am ready to distribute the funds to the beneficiaries. The deceased wanted the funds used to establish a trust for the beneficiary. Can I do that, or must I distribute the funds in cash?


Asked on 3/12/12, 11:41 am

1 Answer from Attorneys

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

In order to answer your question, we would need to read the exact language of the trust instrument. As a trustee, you are responsible to follow the language of the trust and also to perform an accounting of the trust. Did you file a Petition to have the Court Confirm you as a trustee? Before you make a distribution, we suggest that you allow us to review the trust instrument to ensure that you are complying with the terms of the trust so that you are not later sued for improper trust administration. If you would like to have our office review the trust, please contact Stephanie Coulter of this office at 602 462 1004 to make arrangements.

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Answered on 4/26/12, 6:57 am


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