Is the notice valid or have jurisdiction over rate pending? 5 Answers as of September 26, 2013

Decedent dies on Saturday; Attorney notified and mails out Trustee Notice for a new unfunded Irrevocable Trust on Monday; Deeds to fund Trust are recorded on Tuesday. The rate pending though is locked into Decedent's prior Trust which also became Irrevocable upon death. Is notice basically giving 120 days to contest an empty shell?

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Donald T. Scher & Associates, P.C.
Donald T. Scher & Associates, P.C. | Donald Scher
The time frame to lodge a complaint is not 120 days, and depends upon the facts of the case. You are probably confusing the 120 days that creditors have to make a claim against the estate, after notice to creditors is published in a legal newspaper.
Answer Applies to: Arizona
Replied: 9/25/2013
Estrada Law P.C. | Michele Ungvarsky
Yes, a trust must be fully funded prior to death or incapacity of the grantor before it is effective.
Answer Applies to: New Mexico
Replied: 9/25/2013
James Law Group
James Law Group | Christine James
Potentially. Recordation is not the validity date however, signing is. If the deed was signed prior to death, the trust is valid.
Answer Applies to: California
Replied: 9/26/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Ask your attorney, or seek the assistance of a trust administration attorney for a second opinion.
Answer Applies to: California
Replied: 9/25/2013
Frederick & Frederick PLC | James P Frederick
Who is contesting what? Your summary does not have enough information. The trust is not an "empty shell" if it holds title to the property. What "rate pending" are you talking about? What notice are you talking about? (The trustee needs to send out several notices). Please feel free to re-post your summary and assume that we know nothing about your situation, whatsoever.
Answer Applies to: Michigan
Replied: 9/25/2013
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