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Utah Amended Verified Petition to Ascertain Beneficiaries and for Distribution of Trust Assets

State:
Utah
Control #:
UT-KS-317-18
Format:
PDF
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A02 Amended Verified Petition to Ascertain Beneficiaries and for Distribution of Trust Assets
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FAQ

Review the estate planning document carefully to determine the identity of the heirs. Determine the status of the administration of the estate in probate court if you are distributing money from a will. Contact each heir by letter to inform them of the pending money distribution and the amount that they should expect.

Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs.

If the trustee fails to account, he or she is in violation of the statute and his or her fiduciary duty. If the beneficiaries are harmed by the lack of accounting, the trustee may be liable. Further, the court may become involved, may levy sanctions and could even remove the trustee.

Distribute trust assets outright The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.

Trusts and trustees in California are governed by the California Probate Code and court cases decided which interpret the probate code.If a trustee is holding back money and not paying the beneficiaries then the trustee needs to have documented and businesslike reasons for withholding payment.

If you fail to receive a trust distribution, you may want to consider filing a petition to remove the trustee. A trust beneficiary has the right to file a petition with the court seeking to remove the trustee. A beneficiary can also ask the court to suspend the trustee pending removal.

Can trustees sell property without the beneficiary's approval? The trustee doesn't need final sign off from beneficiaries to sell trust property.

Distributing assets from an irrevocable trust requires that the assets first be part of the trust's corpus. Tax laws allow trusts to recover the after-tax money locked up in the corpus as tax-free return of principal. Trusts pass this benefit along to their beneficiaries in the form of tax-free distributions.

Most assets can be distributed by preparing a new deed, changing the account title, or by giving the person a deed of distribution. For example: To transfer a bank account to a beneficiary, you will need to provide the bank with a death certificate and letters of administration.

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Utah Amended Verified Petition to Ascertain Beneficiaries and for Distribution of Trust Assets