Taking Over a Trust File

Find a wrong section reference, a misquoted gift or an asset outside the trust before any distribution, with a citation on every finding.

A trust file lands on your desk. It holds a trust agreement, one or more amendments, a will and a memo from whoever worked on it before you. Before you can advise anyone, you need to know who is in charge, what each person receives and where the documents disagree.

This lesson teaches five prompts that do the first pass, each with one job, so you spend your time on judgment instead of hunting through documents.

Before you start

  • Selection controls the answer. The assistant reads only what you select.
  • Findings, not conclusions. You make the legal call.
  • Fill in the [brackets]. Replace each one with the specifics from your file before you run the prompt.

The five prompts

1. Summarize the file

Select the trust agreement, every amendment and the will. Start by getting oriented. Look for the date and type of each document, what each amendment changes, the gift provisions and how the residue divides. Use the section numbers in later steps, and click one citation to confirm the assistant read the right language.
Summarize the [selected documents] for an attorney who is taking over this trust administration. For each document, give the date, the document type, and the three most important provisions. Cite the document and section for each point.
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2. Confirm who has authority

Select the trust agreement, every amendment and the will. The trustee and the personal representative are different roles and can be held by different people. Look for the order of succession after any amendment, who the will names, and which document controls each role. A will that was not updated after an amendment is a conversation to have with the client.
Who is authorized to act as successor trustee, and who is named as personal representative in the [Will]? If the documents name different people for these roles, explain which document controls each role. Cite the document and section for each answer.
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3. Find where the documents disagree

Select the trust agreement, every amendment and the will, and turn on Think Longer (deeper reasoning, may take longer). Look for wrong section references, misquoted prior amounts, undefined terms, a class of beneficiaries that is incomplete today and a will that names the trust with the wrong date. The assistant finds the issue and the attorney decides what it means. Read each cited section side by side.
Compare the [Trust Agreement], the [First Amendment], and the [Will]. List every inconsistency in names, dates, dollar amounts, section references, defined terms, and the people a gift applies to. Return a numbered list. For each item, give the location in each document and explain why it matters. Do not suggest fixes yet.
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4. Find assets outside the trust

Select the trust documents and your asset or title memo. A trust only controls what is titled in it. Look for assets titled to the individual, beneficiary designations that send an asset to one person, and whether each one affects the division of the residue. Read the assistant's flags for items that need an attorney's conclusion, since how an asset passes can depend on state law.
Summarize the [selected documents] for an attorney who is taking over this trust administration. For each document, give the date, the document type, and the three most important provisions. Cite the document and section for each point.
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5. Update the client

Select the same documents and the asset memo. The assistant drafts the update, and you edit it and send it yourself. Look for no more than five items in plain language, no phrase that sounds like a legal conclusion, and a request for a call. Check the draft against your notes from Prompts 2 to 4 and change at least one sentence so it is yours.
Summarize the [selected documents] for an attorney who is taking over this trust administration. For each document, give the date, the document type, and the three most important provisions. Cite the document and section for each point.
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Trust but verify

Every answer has blue numbers at the end, those are the citations. Click those numbers to see an excerpt of the document your answer came from. If needed, click the excerpt to see the answer highlighted in your document. Open the cited section and confirm it in context before you rely on it.

Challenge

Pick a trust file you have inherited. Select the trust agreement, every amendment and the will, fill in the brackets, and run Prompt 1.

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