North Dakota Petition for Trust Termination

State:
North Dakota
Control #:
ND-TH-228-01
Format:
PDF
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A01 Petition for Trust Termination
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FAQ

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.

Some statutes may allow a trustee to modify or terminate a trust without a court or beneficiary approval, while others may allow modification or termination only with the approval of a beneficiary or a court. Still others may allow termination only if the trust is under a certain value.

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.

An irrevocable trust has a grantor, a trustee, and a beneficiary or beneficiaries. Once the grantor places an asset in an irrevocable trust, it is a gift to the trust and the grantor cannot revoke it.To take advantage of the estate tax exemption and remove taxable assets from the estate.

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.

In other words, a California court may now terminate an irrevocable trust if all beneficiaries of the trust agree despite the presence of a spendthrift provision in the trust as long as the court finds good cause to do so.

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.

The grantor may be able to terminate an irrevocable trust, by following the state laws on dissolution. The laws of each state vary in this area. For example, New Jersey has adopted the Uniform Trust Code, which stipulates that an irrevocable trust can be terminated by consent of the trustee and the beneficiaries.

Trusts are designed to terminate after the purposes of the trust have been fulfilled. For example, the trust agreement may state that it terminates upon the death of a named beneficiary, when its assets fall below a certain dollar amount, upon the expiration of a set date or after all trust assets are distributed.

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North Dakota Petition for Trust Termination