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Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 2850
Experience:  30 years of experience
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My mother inherited a trust from her sister that has passed

Customer Question

My mother inherited a trust from her sister that has passed away and she was the only surviving trustee and was also named as the 100% benifishary
She passed before dissolving the trust and I am her sole beneficiary and named trustee to her estate.
How do I dissolve the trust or add me as a trustee to the trust?
Thank you..
Submitted: 25 days ago.
Category: Estate Law
Expert:  Gerald, Esq replied 25 days ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 25 days ago.

Hello:

Which State was the Trust established in?

Customer: replied 25 days ago.
Texas
Expert:  Gerald, Esq replied 25 days ago.

Hello,

Thank you for your patience and for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

This should not be difficult for you to ccomplish. You must File a Petition to Terminate the trust with the Probate Court in the County where your mother resided. In the Petition you will state that you are to sole beneficiary and the sole trustee and that the Trust has run its course. The Peition is filed under Section 112.054 of the Texas Property Code. You should be able to get a copy of the forms that you need from the Clerk of the Probate Court. Just ask for a sample of a Petition previosly filed.

If the clerk will not accomodate you to the law library (there is one in the court house) and ask the librarian where the Forms Boks are. There should be a sample Peition in that set of books.

This link has detailed information on this process:

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.galliganmanning.com/documents/Modification-and-Termination-of-Trusts-and-Trustee-Resignations.pdf&ved=0ahUKEwinw7mFhJ3QAhUC4YMKHbzHB7YQFggkMAA&usg=AFQjCNHdlbWw1Af2K0eMuoavp19NWisYJQ&sig2=c6GKIXVV_w4YelQsaeu7tA

Here is a link to the law on the issue:

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.112.htm

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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