What Papers Need to Be Filed When a Grantor of a Trust Dies?

Full Question:

Do I have to u[date Family Trust.? My husband died.
08/14/2011   |   Category: Trusts   |   State: California   |   #25327


The answer will depend on the terms of the trust document as to what happens on the death of the grantor/settlor/trustor, and whether your hussband was named as one. For example, a clause such as the following will often be included:

''V. Death of a Grantor. Upon the death of the first of the Grantors to die (the ''Decedent''), the Trust shall become irrevocable with respect to the property contributed to the trust by the Decedent (including accumulated income on that property, but excluding Trust property given to the surviving Grantor) and shall continue for the benefit of the surviving Grantor (the ''Surviving Grantor''), subject to distribution (if any) that may be required (i) by this Agreement, or (ii) to pay the just debts, funeral expenses, and expenses of last illness of the Decedent. "

Depending on the size of the estate, estate tax returns may be required and estate taxes may be payable. The estate tax returns, if required, and any tax due, must be filed within nine (9) months following the date of death.

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