Estate & Business Law Group, P.C.

When a Trustmaker dies

Trust Administration

&
Probate

Frequently Asked Questions

When a Trustmaker dies, the surviving family should contact the estate planning attorney who drafted the trust as soon as possible.  That attorney will be in the best position to readily understand the planning that was done and advise the family about the steps needed to administer the estate.

The ideal time is within the first few days following the Trustmaker’s death.  There are two reasons to follow this suggestion:

First, your estate planning attorney will want to schedule an initial meeting with the trustees and beneficiaries.  It is a good idea, if possible, to schedule this meeting while loved ones are still in town for memorial services.

A second reason to immediately schedule a meeting is to protect the planning that was done.  Those who plan their estates with a living trust usually take great care and provide detailed instructions for how they want their estate to be administered.  It is therefore extremely important that family members do not sell, transfer, or mix trust assets without first receiving legal counsel.  Without proper administration, tax planning strategies can be jeopardized or lost and the Trustmaker’s desires unintentionally thwarted.  The family should never make financial decisions concerning trust property without first consulting with an attorney.