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Notify Attorney and Preliminary Issues

After the death of the trust settlor, the trustee should immediately contact the attorney who drafted the trust document.  The trustee can obtain copies of the trust documents from the attorney and begin to assemble the necessary paperwork to administer the trust.

The attorney will help the trustee prepare and record the affidavit of death, which informs the public and the government that the settlor is now deceased. 
 

Later, this allows the court to begin estate proceedings for the deceased person. 

If the deceased trust settlor received any government benefits, such as Medi-Cal, the attorney can aid the trustee in notifying the appropriate governmental departments to cease distribution of the benefits.

 
Most estate plans which utilize trusts also utilize a pour-over will. 

This will “pours over” any of the decedent’s non-trust property into the trust.  The attorney can assist the trustee in lodging the pour-over will with the court.