Maine Order On Petition To Terminate Trust

State:
Maine
Control #:
ME-AR-059
Format:
PDF
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Order On Petition To Terminate Trust

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FAQ

A family trust account may be closed by the trustee for various reasons, including to move the funds to another account or as part of the trust dissolution process. Regardless of the reason, the trustee must be the person who goes to the bank to terminate the account.

The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it. The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.

Irrevocable trusts can remain up and running indefinitely after the trustmaker dies, but most revocable trusts disperse their assets and close up shop. This can take as long as 18 months or so if real estate or other assets must be sold, but it can go on much longer.

An irrevocable trust is a trust with terms and provisions that cannot be changed. However, under certain circumstances, changes to an irrevocable trust can be made and a trust can even be terminated. A material purpose of the trust no longer exists.

Irrevocable trusts can remain up and running indefinitely after the trustmaker dies, but most revocable trusts disperse their assets and close up shop. This can take as long as 18 months or so if real estate or other assets must be sold, but it can go on much longer.

How Long to Distribute Trust Assets? Most Trusts take 12 months to 18 months to settle and distribute assets to the beneficiaries and heirs.

When they pass away, the assets are distributed to beneficiaries, or the individuals they have chosen to receive their assets. A settlor can change or terminate a revocable trust during their lifetime. Generally, once they die, it becomes irrevocable and is no longer modifiable.

Petitioning Court for Removal A petition for removal of a trustee can be filed by either a co-trustee or a beneficiary. This process can be further complicated if beneficiaries are also designated as trustees. The petition may also seek financial damages from the trustee.

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Maine Order On Petition To Terminate Trust