What Causes a Trust to Enter Probate?

What Causes a Trust to Enter Probate?

Probate is the legal process of administering the estate of a deceased person. When a person dies, their property and assets are transferred to their beneficiaries either through a will or through intestacy laws. However, if the deceased person had a trust, that trust may also need to go through probate. In this article, we will explore the reasons why a trust may enter probate.

Invalid Trust

One of the reasons why a trust may enter probate is if the trust is invalid. A trust can be declared invalid if it was not properly executed or if it was created under fraudulent or undue influence. If a trust is found to be invalid, the property in the trust will be distributed according to the deceased person's will or according to intestacy laws.

Disputed Trust

Another reason why a trust may enter probate is if the trust is disputed. Disputes can arise when beneficiaries or heirs believe that the trust was created under duress or undue influence, or if they believe that the trust was not executed properly. Disputes can also arise if beneficiaries or heirs believe that the trust was created when the deceased person did not have the mental capacity to do so. In these cases, the trust may need to be litigated in court.

Assets Not in Trust

A trust may also enter probate if there are assets that were not properly transferred into the trust. For example, if the deceased person had real estate or bank accounts that were not properly titled in the name of the trust, those assets may need to go through probate. Assets that are not in the trust at the time of the deceased person's death will be distributed according to the deceased person's will or according to intestacy laws.

Lack of Successor Trustee

Finally, a trust may enter probate if there is nosuccessor trusteenamed in the trust. A successor trustee is the person who will take over the management of the trust after the original trustee dies or becomes incapacitated. If there is no successor trustee named in the trust, the court will appoint one. This can lead to delays and expenses in probate.

Conclusion

In conclusion, there are several reasons why a trust may enter probate. These include aninvalid trust, adisputed trust, assets not properly transferred into the trust, and a lack of a successor trustee. To avoid probate, it is important to ensure that your trust is properly executed, that all assets are properly titled in the name of the trust, and that a successor trustee is named. Seeking the advice of an experiencedestate planningattorney can help ensure that your trust is properly structured and administered.