West Monroe, LA asked in Estate Planning, Elder Law and Probate for Louisiana

Q: What should happen when the settlor of a trust dies?

What are the necessary steps to take in the event of a settlor's death, generally speaking?

1 Lawyer Answer

A: The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the Beneficiaries, or class of beneficiaries. The fact that one of the settlors passed, should not change that over-riding concern too much. But, if you are talking about a revocable living trust and a settlor was also a beneficiary, the Trust may also soon end. You should review the trust document with legal counsel to address all these potential factors.

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