Article On Funding A Testamentary Trust

Michele A. Mobley (Texas Tech University School of Law) recently published an article entitled, How To Not Fund A Testamentary Trust, Texas Tech University School of Law, Estate Planning & Community Property Law Journal, Vol. 8 Book 1, Fall (2015). Provided below is an abstract of the article:

    Between the time of a document’s preparation and implementation, many changes can occur—in family circumstances, in financial circumstances, and in the tax law.  This is particularly the case with wills or living trust agreements, often prepared many years before a person dies and not updated to fit the new circumstances prior to the death of the testator or settlor.  This article discusses the options when a testamentary trust described in a will or living trust agreement is no longer desired or needed due to a client’s change in circumstances.