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Are residual trusts revocable?
A revocable trust is revocable by its maker. A residual estate is the property left in an estate after specific bequests have been made. The residual estate may be transferred to a trust and that would be a testamentary trust. The maker of a testamentary trust is deceased and cannot revoke that trust. If this doesn't answer your question you must add more details on the discussion page.
Does your home jointly owned by your wife and you have to be transferred to your revocable trust?
That is a decision you make on your own based on the reasons for which you have a trust. There is no special rule book telling you what to transfer to your trust. If you want your home to be transferred out of your individual names and into a trust then you must execute a deed signed by both owners transferring the property to the trustee of the trust.It doesn't sound as though you know much about your "revocable trust". Trust law is extremely complex. Transferring your property to a revocable trust will keep the property in your names for tax purposes. It may also make the property vulnerable to creditors. It sounds as though you should consult with an attorney who specialize in trusts and estate planning before drafting any legal documents and transferring property on your own.
What does the Revocable Living Trust provide?
A revocable living trust is very similar to a living will. The owner of money or property can determine what happens to their estate after their death.
Can a property held in a Revocable Living Trust qualify for the Florida homestead exemption?
While I am not a Florida attorney, the general rule is that including property in a Revocable Living Trust does not change the ownership for purposes of a homestead exemption. Because such a trust is revocable at any time, it is still considered your property and therefore still qualifies for a homestead exemption.
Can you have a revocable yet perpetual license?
Yes, a revocable yet perpetual license can exist if the licensor reserves the right to revoke the license at any time but grants permission for the licensee to use the licensed property indefinitely. Despite being revocable, the licensee can continue to use the property for as long as the licensor does not choose to revoke it.
Does a settlor have to execute a deed to add property to an existing trust?
Yes. The property must be transferred by the owner to the trustee of the trust.Yes. The property must be transferred by the owner to the trustee of the trust.Yes. The property must be transferred by the owner to the trustee of the trust.Yes. The property must be transferred by the owner to the trustee of the trust.
What goes in a revocable trust?
If you mean what property can be transferred to a revocable trust the answer is any property real or personal. However, the degree of protection provided by a trust depends on the type of trust. Since a trustor of a revocable trust retains a significant amount of control over the trust property that type of trust does not protect assets as well as a irrevocable trust can. The most common property transferred to a trust is real property. Assets such as actively used bank accounts (savings and checking) should not be placed in trust. Classic cars, costly jewelry, valuable coin collections, etc., can be transferred to a trust in order to remove them from the owners estate. Special needs trusts must be utilized to keep assets separate from individuals who depend on government benefits. If you are considering the transfer of your property to a trust you should speak with an attorney who specializes in trusts to determine what type of trust will meet your needs and expectations. Trust law is very complicated. Trusts should always be drafted by a professional who can review your situation, explain your options and draft a trust that will meet your needs and legal standards.
Is a title to personal property transferred pursuant to a bailment?
No, only the lawful possession of the property, and not ownership, is transferred.
How do you find out who the executor is of a revocable trust is?
A revocable trust has a trustee not an executor. If you want to know something about the trust you would need to ask the trustor. The trustor is the person who created the trust to hold title to their property.
Would an executor's fee calculation include monies from a revocable trust that has a trustee other than the estate's personal representative?
Generally no because property placed in a revocable trust is not part of a person's estate.
How does one cancel a revocable trust?
You can cancel a revocable trust by removing the property held in trust because without property there is no trust...or you can notify all concerned individuals of your intent to void the trust; and at this point a notarized statement to cancel would serve well, but one is not required by law.
Can one get a loan on property in a revocable trust?
The trustee holds the legal interest in the property according to the terms of the trust. The trustee may mortgage the property if that power was granted in the trust instrument.
