Is there a Statute of Limitation to fund a trust after grantor dies?

[sigridtotoy]

What is the name of your state (only U.S. law)? California

 

[LdiJ]

What is the name of your state (only U.S. law)? California

The debts of the estate would have to be settled before the trust could be funded.

 

[justalayman]

What is the name of your state (only U.S. law)? California

unless the trustor established a means to find the trust it would never get funded. As well, along the same lines as with ldij's statement, if there are no funds to fund the trust it never gets funded.

The estate would have to be probated unless there were accounts set up as transfer on death to fund the trust. Probate can take years if it is problematic.

Often times a trust is funded via a pour over will. For that will to be enforced it must go through probate.

 

[justalayman]

The debts of the estate would have to be settled before the trust could be funded.

Not entirely always true as there are means to fund a trust where the assets would pass outside of probate but if the assets are part of the probate estate, then yes, the estate debts would have to be paid first.

 

[tranquility]

There could be any of a number of issues, depending on the facts. What is your concern? What has been done so far?

 

[davew128]

As others stated, it depends.