Probate Court Trust Setup Guide
Order requirements
- Approval of settlement
- Authority to move funds to CPT (i.e., See Funding Instructions here)
- Authorized grantor/party sign trust documents (must be the client, parent, grandparent, guardian, or the court):
- “The court hereby authorizes [Authorized Party To Sign] as the grantor and [Relation to the client] to execute and establish a [Name of Trust] FBO of [Client’s Legal Name].”
Submit the following documents to the court:
- Amended Declaration (attached to this email, please edit with case information and return for us to execute)
- Executed Master Trust with unsigned Joinder (attached to this email) (Should we advise an unsigned document should be attached?)
- To ensure all is completed, please allow us to review your petition before submission to the court.
Virtual Court Support
Please register with either of our directors from our organization to attend and support you during your hearing.
A hearing prep email will be sent separately you to better prepare. Kindly provide a copy of the documents that were submitted to the court.
If you need additional probate support, notify us, and we can engage counsel if necessary.
Send CPT Institute Required documents after court approval
- All settlement documents
- A copy of the client’s signed Social Security Card (some exceptions apply)
- If a Structured Settlement is involved:
- Final Structured Settlement/Annuity Quote
- Finalized Annuity Contract (acquired from the settlement consultant/broker directly post-settlement)
- If a Medicare Set-Aside is involved:
- MSA Allocation Report
- CMS Approval Letter
Signing with client
Schedule a time on my personal calendar with your client to review the trust documents with the client to set appropriate expectations for a successful transition.
In order to ensure the meeting is a success, please complete everything below prior to the appointment.
- Ensure a copy of the client’s signed Social Security Card is on file.
- Full legal names and contact information for potential remainder beneficiaries of trust funds should be known before the meeting.
- Please have the client watch our 6-minute signing video (available in English and Spanish).
- A witness over 18 (or a notary) is required to complete the signing.
- Executed electronic copies accepted upon completion.
- Spending plan sheet
- Link to funding instructions.
Funding Reminder
Funding Instructions: Please ensure the titling instructions include your client’s legal name as it appears on their Social Security Card.
*Immediate signing and funding require individual funding instructions, please inform your assigned CPT Representative if this applies.
Once we receive the check it takes about 2-3 business days to clear, we will contact and notify all parties. Please visit our “What’s Next” webpage to ensure a smooth transition.