Roseville, MI asked in Estate Planning for Michigan

Q: When exactly does a revocable living trust commence? Is it when the grantor passes or when the distribution is made?

My father passed in April 2013 and had a revocable living trust. I received my first distribution in March 2014. According to the terms of the trust regarding distribution, it specifically states: one half of the then fair market value of the trust assets upon the establishment of said trust, and the balance thereof, after the 5th anniversary date of the commencement of said trust. Would that be 5 yrs from the day of my father's passing, or 5 yrs from my first distribution? The trustee and I do not speak so I'm trying to figure this out on my own. Thank you for your time.

Related Topics:
1 Lawyer Answer
John Joseph Rizzo III
John Joseph Rizzo III
  • Estate Planning Lawyer
  • Traverse City, MI
  • Licensed in Michigan

A: The second distribution would be five years from the date of your father's death unless there was some language that required the 11-month delay for the first distribution. Normal trust language would create your sub-trust as of the date of your father's death and provide for the first distribution as soon as possible. It is normal for there to be delays with the initial distribution as the estate is settled and while the time period for creditors to present claims expires. There is most likely no reason for a delay at this point in the trust administration.

I would send the trustee a certified letter to ask for an accounting and an estimated date for your second distribution. Even if you are not speaking, you are entitled to know how the trust is being administered.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.