No to avoid estate tax penalty
You need to review the powers granted to the trustee in the trust instrument. The trustee may need to get court order if the power to borrow money was not granted in the trust.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
If the trustee breached fiduciary duties and stole from the trust, legal action can be taken against the trustee. The grantor may not be able to unilaterally change an irrevocable trust, but they can seek legal remedies to address the trustee's misconduct. It is important to consult with legal counsel to explore options for addressing trustee misconduct in the context of an irrevocable trust.
No. Term life insurance has no "surrender value", so is no good as collateral. The insurance that you might be able to borrow against is "whole life".
No. Group life does not belong to you.
Your step mother can only change the beneficiary on the life insurance policy if she is the owner of the policy or if she is the trustee of the trust. If she's the trustee then she would need to have the authority to make changes on the insurance policy set forth in the trust document. Otherwise, she cannot make changes in the policy. You haven't provided enough information for a more detailed answer such as who owns the policy and where your step mother "left" those instructions or how she is involved at all.
You can either borrow money or what to get the repairs done until you have your deductible.
The trustee cannot borrow money from the trust unless that power is specifically included in the provisions of the trust. A trustee has only the power set forth in the document that created the trust. A trustee is subject to the state laws that govern fiduciaries. Self-dealing by a fiduciary is a serious offense that should be reported to the authorities. The beneficiaries should bring the matter before a judge and ask that the trustee be replaced and the funds restored immediately. Alternatively, if it is a friendly transaction the parties should consult with an attorney (preferably the attorney who drafted the trust) who can review the situation and draft the appropriate documents if the transaction can be allowed.
No because it is not a cash value policy.
if its a cash value policy contact the companies customer service line.
== == Probably not. Maybe there is a reason someone else was named as trustee I think you can challenge it in court. If you can prove that the named beneficiary doesn't have the interest of child at heart. It is worth a try. The correct answer is NO. A life insurance policy is a contract and the contract will uphold in court. The only person who can change the benficiary is the owner or possibly the current trustee if they no longer wished to be trustee. <---Period!
Take a look at your policy paying attention to the illustration in the guaranteed column. This will show you how much money you will have to borrow against in a given year. When there is enough you can borrow against it. But be careful!