Both my parents have passed away and I'm now the Sucessor Trustee of the Family Trust. We have a contract on my parents home right now with closing in mid-March. Once we receive the funds at closing, I will be distributing the funds to my 2 other brothers and myself. How do I close the trust legally? Do I have to record the trust at the Clerk of Courts office? I'm going to file a 1041 tax form this year for the Trust account with is now in my name with a new EIN number. Do I really need a lawyer to do all the paperwork to close the trust?
Answer
The trust should specify how it is to be closed. Hiring an attorney would be the best way to make sure it is all completed appropriately. I dont believe that you need to record it in the Clerk's office at all or ever.
Answer
Based on your inquiry, you are advised to file a notice of trust in the applicable
county. You are not required to retain a lawyer but you may need help with closing
the trust and filing of taxes to avoid subsequent legal issues. If probate is involved in
estate administration, you will need a lawyer. Closing the sale of the real property
will require filing a notice of trust which will likely be required by the title company.
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