Asked in Estate Planning for Arizona

Q: Can a trustor remove assets from a revocable trust? How does that effect the trust after death?

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1 Lawyer Answer
Ryan K Hodges
Ryan K Hodges
Answered
  • Estate Planning Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: If the trustor is also the trustee or retained the power to direct the trustee regarding property distribution, then the trustor can, in effect, remove assets from a trust. After the death of the trustor, the assets will not be part of the trust, and a probate of trustor's estate may be needed for assets removed from the trust and placed in trustor's name.

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