Page 33 - Successor Trustee Handbook

original terms). Sometimes the Will may have provisions that add to or supersede
those of the Trust. Obviously, there is much more detail to be reviewed in the Trust
and Will and you should do so with the assistance of an attorney.

When you have your initial meeting with the attorney, be sure to bring all of the
legal documents we instructed you to find. While the Living Trust may represent the
“engine” of the estate plan “vehicle”, the other documents may represent the
“transmission”, “wheels”, “brakes”, etc. that support and to an extent interrelate and
interact with the Living Trust. By bringing as many of these documents as you can
find to the initial attorney meeting, he or she will be able to give you a more
accurate overview of how the estate plan will work. Prior to seeing the attorney, it’s
a good idea to review the Chapter, “Tips on Working Successfully Working with an
Attorney”.

After the attorney reviews the various estate plan documents, he or she may note
issues that exist because of particularly unclear or wrong drafting language,
changes in the law, and/or changes in the circumstances of the beneficiaries. If
the Trust or other documents require further clarification, reformation or
modification, this may be accomplished through a Family Agreement between the
Trustee and the beneficiaries, or through an Order from the Probate Court judge
(See Chapter, “Tips on Working Successfully Working with the Beneficiaries”). Note:
In certain Trust documents, there may also appear the option of having the “Trust
Protector” (or some other independent party specified) make reformations or
modifications to the Trust without the need for a Family Agreement or Probate
Court order.

30