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If a living trust has an expire dt 2010 is it still valid

Riverside, CA |

does it expire

it was done in 2008 and is stamped with a expire date of 2010. hes still alive but dying,is it invalled

Attorney Answers 4

Posted

What do you mean by "expire dt of 2010" - be specific - never heard of a revocable trust with an expiration date - quote whatever you are reading.

Is this yours?

Is the person dead?

What are you referring to

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3 comments

Asker

Posted

it was done 2008 and says expires 2010.hes alive but dying,is the living trust valid

Asker

Posted

it says good 21 years after death but since hes alive after it expired is it valid

L Christopher Arvin

L Christopher Arvin

Posted

Type the entire provision that you are referring to .. I am not sure if you are reading a clause in the Trust about the "Rule Against Perpetuities" which relates to after the death of a life in being plus 21 years?/? off hand .. does not make any sence to have expiry date of a revocable trust for someone who created it ... are you reading a provision in the trust - type the entire provision so all of us can read it

Posted

Yes, I think that you need to see a local attorney to have your question answered. We can't tell what you are talking about based on your description. Trusts do not normally have expiration dates.

Look to this site or to naela.org for an attorney that can help you.

Good Luck!

Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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Posted

I agree with my colleagues. Maybe the notary license of the person who witnessed the signing of the trust expired in 2010, but trusts don't expire. They terminate upon the occurance of stated events (someone dies, beneficiaries reach X age, etc.) If the document indicates who prepared it for the grantor, call that attorney and request an appointment. Sounds like there will be lots going on with respect to this individual, so you should have someone experienced look at this document and explain it to you. Best wishes to you and your friend.

This response contemplates only the laws of Ohio and is not intended to apply to other jurisdictions. None of the information in this response should be used or relied upon as legal advice or legal opinion about specific matters, facts, situations or issues. Viewing it does not establish an attorney-client relationship between you and Sherrille D. Akin, the law firm of Isaac, Brant, Ledman & Teetor LLP, or any of its individual attorneys

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Posted

I agree with Ms. Akin that what you are seeing as an "expiration date" may be the date the notary's license expired. Your best bet is to have an estates and trusts attorney review the document so you understand when and how the trust terminates, either at death or when given beneficiaries reach a certain age.

This material is for general information purposes only and offers incomplete treatment of the topics covered. The writer assumes no legal responsibility for any use or misuse of the information. Consult your attorney for your individual legal needs as the law changes frequently and only an attorney who is abreast of these changes can give you the up-to-date and specialized help that you require and deserve.

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