Legal Question in Wills and Trusts in Michigan

Ending a simple trust

My grandmother's will created trust in which my siblings and myself are named as beneficiaries. The will also had a provision that the trust income was to be paid to my grandmother's daughter, my mother, until her death. My Mother passed away in July this year. What must I do as the trust fiduciary to end the trust and distribute the trust to the named beneficiaries? The trust value is less than $26,000.


Asked on 11/03/08, 8:48 pm

1 Answer from Attorneys
Jerrold Bartholomew Priority Elder Law and Estate Planning, PLC

Re: Ending a simple trust

Read the trust carefully. If it provides for final distribution at your mother's death, then you really only need to make final distribution to the beneficiaries and file the final tax return, while making sure that you have enough to cover the obligations of the trust (professional fees, taxes, etc). As fiduciary, you need to be sure to carry out the terms of the trust in order to avoid liability. It may be helpful to have the beneficiaries sign a waiver of any claims against you or the trust as a condition of making final distributions.

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Answered on 11/04/08, 10:02 am


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