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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27686
Experience:  25 years practicing attorney
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Does de-funding a family trust cancel it.

Resolved Question:

Does de-funding a family trust cancel it.
Submitted: 3 years ago.
Category: Estate Law
Expert:  David Kennett replied 3 years ago.
-Could you explain your situation a little more?
Has it ever been funded or was this just a document that was lost and the trust owned no identifiable property?
Customer: replied 3 years ago.
The trust was funded only with CD savings and checking accts. Its my understanding that a trust must be funded to be valid so I would assume that changing these accts back to our indiv names would void it. We now only have about 100,000.00 left and as I understand it in Ca, it would not even require probate thereby making a trust less desirable.
Expert:  David Kennett replied 3 years ago.

Dear JACUSTOMER - If you are in control of the trust you can remove the funds from the trust and therefore the trust would essentially be defunct until or unless it was ever funded again. I can't offer you financial planning advice as to whether or not a trust would be something good or bad in your situation as you would have to have a professional financial planner for that but to answer your question, a trust with no assets has no meaning.

 

Whether the documents are lost or not really makes no difference so long as whoever has the CDs will allow the transfer back to you without having a copy of the trust documents.

 

Dave Kennett

Customer: replied 3 years ago.

As an alternative I have looked at forms for revoking a trust, problem is, they all indicate a copy of trust is attached. Can it be revoked legally without a copy?

Expert:  David Kennett replied 3 years ago.

The problem is that if assets are in the name of the trust they must be transferred out. Once they are out then the trust has no meaning so revoking it would be a moot point. I suppose you could prepare a letter along the lines of whatever form you have and state that the original document has been lost and that you are revoking the trust. You could then keep that letter along with your will and other important papers. I don't know who else you would send the document to unless you want to notify the eventual beneficiary of the trust by certified mail.

 

If you are just doing this as a matter of financial planning there's no point in notifying anyone of anything since they would have no rights to anything under the trust until you passed away.

 

Dave

David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27686
Experience: 25 years practicing attorney
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