Must a Living Trust Be Settled Within a Certain Time Limit After the Death of the Maker?

There are two considerations related to time for the execution of a Living Trust after the death of the Maker: specific time limits may not necessarily be set or dictated by state law; and the Trustee must act in good faith with regard to the terms of the Trust.

However, the beneficiaries of a trust can bring an action in the proper court (probate or family law) to seek to enforce the terms of the trust and obtain compliance by the trustee of the terms of the trust, if they believe that the trustee is not complying with his or her fiduciary duty to administer the trust as written and for the benefit of the beneficiaries.

Should the trustee no longer wish to act as trustee, the Trust document should provide a method or means by which an alternate trustee can be appointed. Trustees are, in most cases, free to resign from this position.

For complete overviews, instructions and documents to create and manage a Living Trust, see Standard Legal’s Living Trust legal forms software page.