For any trustee of a trust, the administration process begins with a requirement to provide notice to the beneficiaries of that trust. This notice must be sent shortly after the death of the person that created the trust. This person is often referred to as the settlor of the trust. If the notice is provided as required under the law, beneficiaries will have only 120 days in which to come forward and contest the trust. If this notice is not provided properly, the beneficiaries may have several years in which to pursue a claim.
Eight Provisions to Include in a Notice of Trust Administration
A notice of trust administration must contain the proper information. Following are several examples of provisions that should be included in this notice:
- The right to request a copy of the trust instrument and all amendments, if any.
- That the trust is irrevocable as of the date of death of the settlor of the trust.
- The name of the settlor of the trust.
- The date that the trust was executed, amended, or restated.
- The name, address, and telephone number of the current trustee.
- The address at which the trustee requests all correspondence regarding the trust be sent.
- Where the trust will be administered.
- That the recipient has 120 days from the date of mailing of the notice in which to contest the trust by bringing an action in court.
Fortunately, as a trustee, you are entitled to seek guidance from an experienced attorney. Our office is happy to help. For more information and helpful tips about administering a trust, we encourage you to sign up for our free newsletter today!