Johns Island, SC asked in Estate Planning for South Carolina

Q: Once the settlor of a revocable trust has passed away, should the beneficiary (trustee) rework the trust ?

Can a lien be put on an irrevocable trust?

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: A revocable living trust becomes irrevocable when the settlor dies, so it cannot be amended absent a court order or a trust protector named in the trust.

When the settlor dies, the successor trustee should hire an attorney to assist the successor trustee with a process known as "trust administration", which involves, among other things, obtaining a federal tax id number for the trust, recording affidavits to update real property titles, and distributing assets according to the terms of the trust.

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