Legal Question in Wills and Trusts in North Carolina
i have recently been appointed ex of and estate where there are issue with the trust of the estate can the trust be broken
1 Answer from Attorneys
Your question makes no sense. Even if a person has a trust, they still need a will to cover anything that might have been left out of the trust, whether by design or unintentionally.
The trustee of the trust and the executor of the estate can be the same person or different people. The duties may even overlap. The duties of the executor are to pay the just debts of the person's estate and distribute the assets to the beneficiaries or turn the assets over to the trust. The trustee's duties are to administer the trust.
Your question seems to ask whether a trust provision can be altered. It depends on the trust language. As I don't know what the will and trust say, I cannot answer the question. Trusts can be challenged and interpreted if ambiguous or if they no longer serve their purpose or if the assets in the trust are so small or get depleted that the trust should cease its existence. In such case, the beneficiaries of the trust need to consult with a probate, estate and trust attorney. If you are also the trustee or a beneficiary of the trust then you can consult with a lawyer about the meaning of the trust and whether it can be altered by the court in some way. If you are only the executor and not the trustee or a beneficiary, then you cannot do so.
You will need an attorney whereever the situs of the trust is located (the trust should specify what law governs the administration of the trust).