East Chatham, NY asked in Probate and Estate Planning for Connecticut

Q: What is the protocol for initiating a Mutual Distribution Agreement offer in CT. ? How should one party approach others?

Several natural person (relatives of deceased) are income beneficiaries of testamenary trusts, and a charity is the remainder beneficiary after all income beneficiaries are dead. The relatives want to approach the charity (AG office) to sugggest a Mutual Distribution Agreement.

The executor of the will, and the trustee of the income trusts, is an attorney.

What is the protocol for the income beneficiaries to approach the charity to do an MDA?

Should they approach the attorney- executor first? Should the executor be the one to approach the charity. Or does it need to be done by an attorney hired by the income beneficiaries - ie the relatives?

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1 Lawyer Answer
Matthew A. Wiley
Matthew A. Wiley
  • Estate Planning Lawyer
  • North Haven, CT
  • Licensed in Connecticut

A: The attorney should be the first one you discuss it with. You may ultimately need an attorney as a beneficiary as well. In order to get that MDA approved everyone and the Probate Judge would need to be in agreement.

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