Sacramento, CA asked in Estate Planning for California

Q: Executor of unfunded trust would not inventory or fund trust after death

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1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Your question isn't clear to a lawyer because "executors" are the responsible people for Wills. "Trustees" are the responsible people for trusts. The trustee of the trust would not need to provide an inventory of what is in the trust because an "unfunded trust", by definition, means there are no assets in the trust. So there is nothing to inventory. The executor would need to make an inventory of the assets OUTSIDE the trust and, if those assets have a dollar value of $166,250 or more, then the executor must file a Petition with the Probate Court before being able to distribute the assets to the heirs. I hope that helps!

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