Return to the attorney who drafted the trust to make certain it's properly done. Trust law is extremely complex. Trusts should always be drafted by an attorney who specializes in trust and tax law. Errors made by non-professionals can be costly to correct and can result in the trust being judged invalid and the property being vulnerable to creditors and probate.
For anything you want to know about a specific trust you need to review the language in the trust document. Everything about a trust such as the time line for distribution, powers of the trustee, beneficiaries, etc., must be set forth in the document that creates it.
The trustee has only the power that is set forth in the trust document. You should review the trust document to determine if that specific power was granted to the trustee.
Can I change the beneficiaries of my private pension from my husband to my two sons
A "blind trust" is payable whenever the terms of the trust say it is payable. A "blind trust" has no features that are different than any other trust except for the fact that the beneficiaries are not allowed to see where the trust assets are invested or influence how they should be invested.
Does the trust have assets in it?
A "spray trust" or "sprinkle trust" is created when the settlor gives the trustee discretion to pay income out of the trust to any of the beneficiaries of the trust as their needs appear. Thus the trustee has discretion to "spray" the income among the various beneficiaries. The trustee has a fiduciary duty to inquire as the the beneficiaries finances to assure the trustee's standard of living can be maintained.
Changes can be made to beneficiaries in a revocable trust that was originally prepared by an attorney. In a revocable trust, you can legally change the terms and end the trust at anytime before death.
No. The trust specifies what happens if the beneficiaries are no longer living. It could go to the beneficiaries' estates, or a remainder man, or to a charity. It is possible for the person who set up the trust to leave it to the trustee.
That will depend on how the trust is written. In most cases the beneficiaries have no say in how the trust is distributed.
No. In the case of a properly drafted trust the trust property is excluded from the estate of the beneficiaries and is not available to their creditors. That is one of the main purposes of a trust.No. In the case of a properly drafted trust the trust property is excluded from the estate of the beneficiaries and is not available to their creditors. That is one of the main purposes of a trust.No. In the case of a properly drafted trust the trust property is excluded from the estate of the beneficiaries and is not available to their creditors. That is one of the main purposes of a trust.No. In the case of a properly drafted trust the trust property is excluded from the estate of the beneficiaries and is not available to their creditors. That is one of the main purposes of a trust.
The trust gets divided into 100 equal parts and given to the beneficiaries.
If it is revocable, yes. If not, no. Exception: if you retained a power of appointment in the trust agreement, you may be able to change the beneficiaries to anyone included in the class of people described in the power of appointment.
You must look to the trust document to determine how you make a change in the trustee. You must follow the provisions in the trust.
You need to review the trust document to determine whether the beneficiaries have that power and how it must be exercised.
Yes. A person can have any number of trusts for various purposes and for various beneficiaries.
You need to review the terms of the particular trust to determine how the beneficiaries are to be paid.You need to review the terms of the particular trust to determine how the beneficiaries are to be paid.You need to review the terms of the particular trust to determine how the beneficiaries are to be paid.You need to review the terms of the particular trust to determine how the beneficiaries are to be paid.
Unlimited.