Legal Question in Wills and Trusts in Utah
dissolving a trust
my parents set up a childrens living trust about 25 years ago. my dad has since passed away and my mom wants to do away with the trust. the accounts that were set up for the trust are closed. she is wondering if there is anyway anyone can come back on her or myself or other sibling to try and get anything now or after mom has passed? there is one other sibling that hasn't been around in over 3 years and has no association with mom. please help her know what steps she needs to take. thanks
1 Answer from Attorneys
Re: dissolving a trust
Advice on the trust cannot be given without reading the trust document. The trustee has a duty to follow the instructions in the trust. When the instructions have been followed and the assets either spent or given to beneficiaries, the trust is automatically terminated. The trustee should keep records of what was done - in case any one challenges her administration. In the alternate, she can get a release from all of the beneficiaries that they agree that the trust was properly administered and release her from liability and the trusteeship.