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Karen A. Meckstroth

Karen Meckstroth’s Answers

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  • My mom passed away and left me a irrevocable trust , but I don't have any money and I need a little help ..if someone could tell

    My mom passed away and left me a irrevocable trust , but I don't have any money and I need a little help ..if someone could tell me what I am suppose to do step by step so that I can get my name on the property (in California) for clarity my mom p...

    Karen’s Answer

    I am sorry that your mother has passed away. I am assuming from your question that your mother established a revocable living trust during her lifetime and the trust has become irrevocable on her death. (The other possibility is that your mother established an irrevocable trust while she was alive.) You are correct that there are a number of steps that need to be completed -- this process is referred to as a "trust administration." Similar to a probate, the trust administration entails three administrative functions: (1) identifying and valuing the assets; (2) paying debts and taxes; and (3) distributing remaining assets to the beneficiaries. The trustee owes fiduciary duties to the beneficiaries (both present and future beneficiaries), and must administer the trust accordingly. Unlike probate, which imposes structure on the administration, it is up to the trustee to figure out the numerous steps and requirements in a trust administration. Many trustees hire attorneys to guide them through the process. There are many excellent attorneys in Alameda County. Often attorneys are willing to schedule an initial complimentary meeting.

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