Estate Planning Distribution

Distribution of assets to beneficiaries from the estate of a person who dies without a written will of instructions. This distribution is overseen by a Probate court and the appointed Executor of the estate. Each state has specific laws outlining how intestate distributions are to be made.

Plan that involves distribution of property by living hand and distribution of property after the death of its owner. Distribution by living hand can take the form of an outright gift, a grant of limited property interest, or a gift in trust. Distribution at death can be accomplished through a will or, if there is no will, as directed by state law. Common terms include:

Beneficiary of Trust person who receives the benefits of the trust.

Life Estate property that can be used in any manner that pleases the donee during his/her life. Upon the death of the donee, the property reverts to the donor or the donor's estate.

Living Trust property distributed by living individuals.

Personal Trust one in which an owner of property gives it to another person to safeguard, hold, and use for the benefit of a third party.

Power of Appointment owner of a property grants the right to another person to decide who should receive title to the property.

Tenancy donee has the right to use property and to receive income it generates for a limited time, whereupon the property reverts to the owner.

Testamentary Trust property disposed at the death of the trustor, who has previously described what property is to be placed in the trust, how it is to be managed, and who is to be the trustee. The trustor can change the provisions of the trust by a will. But at the death of the trustor, the testamentary trust becomes irrevocable.

Trustee person to whom a trustor transfers property. The trustee is obligated to safeguard, manage, and use the property in accordance with the terms and conditions of the trust.

Trustor individual who puts his/her thoughts in writing concerning the terms of the trust and the process of transferring the property to the trustee.