Legal Question in Wills and Trusts in Missouri

Revocable trust after grantor's death

My mother has 2 major assets - her house and her brokerage account. Last year she established a revocable trust and both assets are in the trust. She is the grantor and trustee. I am the successor trustee. She has 4 children and her assets are to be split equally. There is no dissension among us. My question - when she dies what is my course of action in order to distribute her assets? Are there legal documents that have to be filed before distribution?


Asked on 9/01/08, 11:45 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Revocable trust after grantor's death

If your Mother owned any assets in her own name at the time of her death they would pass according to the terms of her Last Will and Testament. Most people who set up a trust have what we call a "Pour Over Will" because the Will pours over any assets owned in their name at the time of their death to the trust. The assets that you refer to are apparently already owned by the trust, so the trust terms determine what is to be done. As sucessor trustee you have a legal duty to administer the trust according to its terms and according to law. An attorney would need to read the actual documents in order to give you any specific legal advice. If you do not already have an attorney, I would suggest that you consult with one. You may call me for a consultation if you wish.

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Answered on 9/01/08, 6:45 pm


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