How do I distribute assets from a trust?

In California, the distribution of assets from a trust depends on the type of trust and the terms laid out in the trust document. Most trusts fall into two categories: revocable and irrevocable trusts. Revocable trusts can be changed or terminated at any time while irrevocable trusts cannot. If the trust is revocable, the grantor, or the person setting up the trust, will have the authority to distribute the trust assets. The grantor can specify who gets the trust assets either in the trust document or through a separate document. If the trust is irrevocable, the assets must be distributed according to the terms of the trust document. These terms are usually set forth in the trust document and can include specific instructions for how and when the assets should be distributed. Once the trust document has been completed, the trustee is responsible for carrying out the provisions of the trust. The trustee has a fiduciary responsibility to the beneficiaries of the trust and must act in their best interests when carrying out the trust. In addition to the trust document, there may also be provisions in the California Probate Code that need to be followed when distributing assets from a trust. Depending on the type of trust, there may be additional court filings that need to be made in order to properly distribute the assets. It is therefore important to consult with a qualified attorney with experience in trust and estate law in order to ensure that the assets are distributed according to the trust document and the applicable laws.

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