How do I distribute the assets from an irrevocable trust and close the trust itself?

Business 2 views 3 answers
My brother, my wife, and myself are the successor trustees and beneficiaries to my now deceased mother's trust. We have full power to invade the trust principal. I am not sure what is necessary to transfer ownership from the trust's name to our names? Do we just transfer assets to personal accounts and then close out trust accounts? Do we need to go before a court to close the trust?

Attorney Answers

3
Gregory Herman-GiddensEstate Planning AttorneyChapel Hill, NC ·
If the trust provides for outright distribution, the assets should simply be distributed to the three of you and the trust accounts closed. However, there is likely a requirement to file an income tax return for the trust. You will also need to determine the new "stepped up" cost basis for assets like securities and real property if you have not done that already. I recommend that you hire an experienced tax attorney or CPA to assist you with the tax requirements.
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Michael Potter ·
To make sure you have buttoned things up properly, have legal counsel assist you in closing the Trust - making sure that all tax notices and filimgs are done according to the legal standards. Good Luck.
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