In the absence of a provision in a trust instrument giving the trustee power to terminate the trust, a trustee generally has no control over the continuance of the trust. In this form, the trustee had been given the authority to terminate the trust. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Sacramento California Termination of Trust By Trustee and Acknowledgment of Receipt of Trust Funds By Beneficiary
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Multi-State
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Sacramento
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US-01209BG
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FAQ
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.
2. The termination of Trust and the Proposed Distribution will not cause any of the beneficiaries of Trust to be treated as making a taxable gift.
Beneficiary's Right to See a Copy of the Trust Document Generally, a trust beneficiary named in irrevocable a California trust has the right to see a copy of the trust instrument. A beneficiary can also ask the trustee to provide a copy of the trust document.
A trust usually ends under legal and complete circumstances. After the grantor passes away, the trustee handles the property and assets of the grantor, and the assets are transferred to the beneficiary (or beneficiaries) under the terms dictated in the trust by the grantor.
(a) A trust that is revocable by the settlor may be revoked in whole or in part by any of the following methods: (1) By compliance with any method of revocation provided in the trust instrument. (2) By a writing (other than a will) signed by the settlor and delivered to the trustee during the lifetime of the settlor.
Under California law (Probate Code section 16061.7) every Trust beneficiary, and every heir-at-law of the decedent, is entitled to receive a copy of the Trust document. So all you have to do once your parents are gone is request a copy of the Trust from whomever has it.
Further, a trust will be considered as terminated when all the assets have been distributed except for a reasonable amount which is set aside in good faith for the payment of unascertained or contingent liabilities and expenses (not including a claim by a beneficiary in the capacity of beneficiary).
Trusts usually end when the settlor dies or when one of the beneficiaries dies, but sometimes a trust ends after a certain period of time or after a certain event takes place, like when a beneficiary gets married or reaches a certain age. There are other reasons a trust can end, however.
California statutory law requires a trustee to account annually to current trust beneficiaries, i.e., those who are currently entitled to receive distributions of income and principal during the accounting period. Any trustee, other than the settlor(s) who established the trust, has a duty to account.