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Termination
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When does a trust terminate?
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When does a trust terminate?
1. Express terms of trust Most common method §
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When does a trust terminate?
2. Settlor revokes §
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When does a trust terminate?
3. Property exhausted No trust without property §
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When does a trust terminate?
4. Uneconomical Notice to beneficiaries Current distributees Permissible distributees Distributees if trust terminated now Value < $50,000 Trustee determines purpose not justify cost of continuing trust No adverse estate tax result Trust not contain a conservation easement
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When does a trust terminate?
5. Court order Deviation §
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When does a trust terminate?
6. Merger Legal and equitable title reunited. § Peaches and Herb
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When does a trust terminate?
7. All beneficiaries die Peaches and Herb
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Trustee’s duties upon termination
1. Wind up trust business Trustee retains trust powers for “reasonable” period. How determine? §
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Trustee’s duties upon termination
2. Distribute trust property to remainder beneficiaries Must be done timely. §
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