• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Kuhn and Kuhn Law Firm

South Carolina Estate Planning Attorneys

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • Talkin Law
  • Services
    • Asset Protection & Business Planning
    • Charleston Pet Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family Farms and Businesses
    • Healthcare Documents and DPOAs
    • Incapacity Planning
    • LGBTQ Estate Planning
    • Living Trusts
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Will Packages
  • Reports
    • Advanced Estate Planning
    • Basic Estate Planning
    • Estate Planning for Niches
    • Trust Administration
  • Resources
    • Client Resources – Estate Planning
    • Consumer Resources – Estate Planning  
    • Elder Law Reports
    • Professional Resources
  • Contact Us
    • Directions to Our Charleston Office
  • Blog
Home / Wills & Trusts / I Was Just Informed I Am the Trustee of a Testamentary Trust My Deceased Aunt Made. What Do I Do Now?

I Was Just Informed I Am the Trustee of a Testamentary Trust My Deceased Aunt Made. What Do I Do Now?

May 21, 2015 by John Kuhn, Estate Planning Attorney

When a family member dies it is a difficult time for the entire family. Along with the grieving, there are a number of practical and legal issues that must be addressed following a death. Ideally, the deceased left behind a thorough estate plan that was discussed with the family ahead of time so there are no major surprises. Sometimes, however, things don’t work that way. Imagine, for example, that you were just informed that you are the Trustee of a testamentary trust your aunt made prior to her death. What do you do now?

Unfortunately, this happens for more often than you may realize. People create an estate plan and fail to discuss important positions in the plan with the people intended to fill those positions. As a result you may end up with an Executor who had no idea he/she was appointed as the executor, a guardian who was unaware of the nomination, or a Trustee of a testamentary trust agreement who was never consulted about the job. Since it is too late to change how your aunt handled your appointment as Trustee, it is best to look forward at this point and decide what to do next. Although every situation is unique, the following steps are common enough that they will likely apply to your situation:

  • Accept or refuse. Just because your aunt appointed you as the Trustee of her trust doesn’t mean you are required to accept the appointment. You can always refuse the job.
  • Consult an attorney. If you decide to accept the position as Trustee, consult with an experienced South Carolina estate planning attorney immediately to ensure that you understand the terms of the trust agreement and your duties and responsibilities as the Trustee.
  • Read the agreement. Sit down with your attorney and go through the trust agreement carefully to make sure you know what is expected of you as the Trustee.
  • Familiarize yourself with assets. Conduct an inventory of trust assets. Make sure you know what they are, where they are, and have some idea of their value.
  • Notify beneficiaries. Beneficiaries of the trust have a right to know who the Trustee is. Along with your attorney you may want to draft a “letter of introduction” and send it to all the beneficiaries.

If you have additional questions or concerns about trust agreements, Trustees, or estate planning in general, contact the experienced South Carolina estate planning attorneys at Kuhn & Kuhn Law Firm by calling 843-577-3700 to schedule your appointment.

To learn more, please download our free South Carolina trust agreements here.

  • Author
  • Recent Posts
John Kuhn, Estate Planning Attorney
Former South Carolina State Senator, John Kuhn is a founding partner of the Kuhn & Kuhn Law Firm.The Kuhn & Kuhn Law Firm is a boutique estate planning (wills, trusts and probate) firm, which he and his wife opened in 2002.The law firm was created to serve clients who want an excellent and thorough estate plan.
Latest posts by John Kuhn, Estate Planning Attorney (see all)
  • Preparing for Coronavirus - March 10, 2020
  • Incapacity Planning - December 20, 2018
  • Special Accounts for People with Special Needs - December 17, 2018

Filed Under: Wills & Trusts

Primary Sidebar

Subscribe to Our Blog

Kuhn & Kuhn Law Firm

Charleston
473 Savannah Highway
Charleston, SC 29407
Phone: 843-577-3700

Charleston Map

map for Charleston office

Kuhn & Kuhn Law Firm

Summerville
421 Old Trolley Road
Summerville, SC 29485
Phone: Our Satellite Office

Summerville Map

map for Summerville office

Opening Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

  • About The Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

© 2023 Kuhn and Kuhn Law Firm
All Rights Reserved.
Attorney Advertisement

footer-logo

Subscribe to our newsletter

  • Facebook
  • Linkedin
  • Youtube
  • Twitter

© 2023 American Academy of Estate Planning Attorneys, Inc.

Copyright © 2023 · Kuhn & Kuhn on Genesis Framework · WordPress · Log in