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The assets of a living trust normally do not have to go through probate, but the assets of a trust created by your will always do.

If the trust document specifies that its assets are to be distributed upon your death, your trustee must methodically liquidate trust assets – she must terminate the trust by paying off all of its creditors and distributing any remaining assets to its beneficiaries.

She must list all titled property in a living trust that is still held in your name and turn it over to the probate court through the estate executor, because it is likely to be subject to probate.

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To find out more, Lawyer Monthly hears from Ashley B. It states that a plan may provide for the retention and enforcement by the debtor, by the trustee, or by a representative of the estate appointed for such purpose, of any such claim or interest.

Absent this provision, a debtor would be required to investigate and prosecute all avoidance and other causes of action prior to confirming a plan, which may take years.

When you die, the trustee of your trust must look to the trust document for guidance on distributing trust assets.

Depending on the kind of trust you've set up, your assets may or may not have to go through probate.

(Mc Carroll, James) (Entered: 06/13/2014) Declaration of Geoffrey Varga In Support of Chapter 11 Petition And First Day Pleadings filed by James C.

Mc Carroll on behalf of Aramid Liquidating Trust, Ltd..If it does, a professional appraisal of assets may be necessary.All trust creditors must be satisfied before any trust assets are distributed to beneficiaries. Mc Carroll of Reed Smith, LLP on behalf of Aramid Liquidating Trust, Ltd.. Chapter 11 Plan due by 10/14/2014, Disclosure Statement due by 10/14/2014, Initial Case Conference due by 7/14/2014, Filed by James C.If, for example, if trust assets amount only to 80 percent of the amount necessary to give each beneficiary the amount specified in the trust document, each beneficiary will receive 80 percent of the amount specified.

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