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Vermont Probate Court
Testamentary Trust Frequently Asked Questions
Disclaimer:
The Court is not able to give you legal advice. The information listed below is only meant to generally answer some common questions. This information is in no way intended to advise you or to substitute for consulting an attorney. For detailed help with any of these subjects we strongly urge you to contact an attorney.
I want to set up a trust – what do I do?
The Probate Court deals only with testamentary trusts, which are created by will. If this is the type of trust you are interested in creating, you should discuss it with your attorney when you have your will drawn up. If you are interested in Inter Vivos Trust (also known as living trusts) it falls under the jurisdiction of the Superior Court. Please consult an attorney for further information concerning this subject.
If I set up trusts, do I still need a will?
It is always a good idea to have a will even when you have trusts. Many times people obtain property after trusts are set up and the new property may not be included in the trusts. If there is no will, the un-included property can only pass according to statute, which may not coincide with your wishes. Also if the trusts were improperly set up and are not considered valid, then, without a will, the property can only pass according to statute.
I feel that the trustee is mishandling the trust – what can I do?
If you are concerned about a testamentary trust, then you can contact the Probate Court in person or in writing expressing your concerns. If the trust you are concerned about is not a testamentary trust, it may fall outside of the Probate Court Jurisdiction and you should contact an attorney about the best course to pursue.
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