Maine Petition to Terminate Trust

State:
Maine
Control #:
ME-AR-169-03
Format:
PDF
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A01 Petition to Terminate Trust
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FAQ

The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it. The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.

Termination of a trust is like dissolution of a business organization.Usually, this means paying any outstanding trust obligations, liquidating assets, filing final income tax returns, preparing a final accounting for the benefit of the beneficiaries, and distributing trust assets to the appropriate beneficiaries.

An irrevocable trust is a trust with terms and provisions that cannot be changed. However, under certain circumstances, changes to an irrevocable trust can be made and a trust can even be terminated. A material purpose of the trust no longer exists.

In other words, a California court may now terminate an irrevocable trust if all beneficiaries of the trust agree despite the presence of a spendthrift provision in the trust as long as the court finds good cause to do so.

Irrevocable trusts can remain up and running indefinitely after the trustmaker dies, but most revocable trusts disperse their assets and close up shop. This can take as long as 18 months or so if real estate or other assets must be sold, but it can go on much longer.

An irrevocable trust is a trust with terms and provisions that cannot be changed. However, under certain circumstances, changes to an irrevocable trust can be made and a trust can even be terminated.

If you decide to set up a family trust but want to wait before you transfer your assets, the cost will be around $1,200, plus disbursements and other costs. A straightforward trust including asset transfer may cost around $2,400 to $3,000 to set up, but a more complex trust will cost more.

In most situations, beneficiaries can remove a trustee who is not doing his or her job. However, you will need to show that certain conditions have been met to warrant removal.

The irrevocable trust may be terminated by the consent of all beneficiaries and the court finds the termination is not inconsistent with a material purpose of the trust. Once the termination is approved by the court, the trustee is required to distribute the remaining assets as agreed by the beneficiaries.

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Maine Petition to Terminate Trust