Legal Question in Wills and Trusts in California

Re: Terminate irrevocable inter vivos trust

You have to serve notice of administration of the trust. After 120 days, unless there are waivers, and there is no objections you may distribute the assets of the trust. If you do this incorrectly, you may be personally responsible for all damages, attorney's fees and costs. In addition, you may have to file a federal estate tax return and tax any estate taxes due.

Trust administration is very technical. I suggest you contact an experienced probate attorney.

If you would like a free initial consultation, please e-mail me with contact information or call me at (818) 991-6664. I have over 20 years experience in these matters.

Good luck and thank you for your inquiry.

Re: Terminate irrevocable inter vivos trust

Thank you for a very easy question in a very easy answer. Read the trust and look at who are the beneficiaries of the assets of the estate. If you're onshore of howl to make the distribution, not procedure but to whom, check with the attorney for the estate. I would do that in any circumstance. A deed should be prepared if it is a piece of real property where he gives to the person or persons entitled to the property in the percentages set forth in the trust agreement. And any record the deed. I give you this caveat. You're entitled to a fee. If you had to do something out of the ordinary in the administration of the trust during your "reign "as administrator went to transfer the property there will be no assets there from what your question to notes to pay you. Therefore, I would arrange with the beneficiaries of the assets that you get paid in some manner since once the transfer is done the trust estate will not have any assets to pay you.I have practiced law in the San Francisco Bay Area for over 30 years in this specialty if you wish to contact me please feel free to call me at 925 -- 945 -- 6000.

Re: Terminate irrevocable inter vivos trust

You need to send out a notice of adminstration and then distribute the assets of the trust accorrding to its requirements. You don't need court supervision unless someone objects. You won't be able to do it before the end of the year because the notice of adminstration requires that you give the heirs 120 days notice (unless you get them to sign a waiver). Take a look at probate code section 16061.7.