What does it mean if a trust was never “executed”?

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What does it mean if a trust was never “executed”?

I have a copy of a trust that was set up in 1997, but the bank tells me it was never executed.

Asked on April 7, 2011 under Estate Planning, Alaska

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the trust was never executed, this means that something was not done to complete the trust and make it effective.  For example, if the estates and interest in the subject matter of the trust are not completely limited and defined by the instrument creating the trust and additional instruments are needed for completion, the trust has not been executed.  Another example would be if the instrument has not been declared to be a trust.


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