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Can filing bankruptcy affect a living trust?
Yes. If the trust is not a true trust (i.e., the settlor, trustee and beneficiary are all the same person) or if the trust is revocable, the trustee can pursue the trust assets. If the debtor is the beneficiary of a living trust and can or has gotten a distribution of some of the trust assets, the trustee may be able go after the assets to the same extent the debtor is eligible to receive a distribution. It may be possible to negotiate a settlement of less than the full amount of the assets with the trustee.
What if executor says there is nothing left in a trust fund?
Then there are no further assets to be distributed. The trust fund is a finite size and once it is gone the trust is closed.
Does the trustee of a irrevocable trust have to notify all family members of what is left in the trust?
The beneficiaries are entitled to an accounting to make sure the trustee is not wasting the trust assets.
What does it mean that you cannot get the assets back in a revocable trust?
You CAN get the assets back in a revocable trust. You CANNOT get the assets back in an irrevocable trust. An irrevocable trust cannot be terminated by the settler once it has been created. The settler transfers their assets into the trust and no longer has any rights of ownership in that property or the trust. The main reasons for setting up an irrevocable trust are estate planning and tax purposes. Generally, assets in an irrevocable trust are shielded from creditors.
What happens to the assets in a trust in the event of the death of the holder?
When the holder of a trust dies, the assets in the trust are typically distributed according to the instructions outlined in the trust document. This may involve transferring the assets to beneficiaries or managing them in a specific way as specified by the trust.
Does a trust protect personal assets?
Yes. However, the assets must be transferred to the trust and will no longer be "personal" assets. They will be under the control of the trustee of the trust. You should discuss your situation with an attorney who specializes in trust law in your state.
Can you use a living trust as an asset?
Does the trust have assets in it?
Can the grantor sell assets listed in irrevocable living trust?
The grantor has no control over the assets in an irrevocable trust. Those assets are under the control of the trustee.
What if your parents passed away and left money to the children is this counted as income on your taxes?
i think it is but when you file your taxes, meet with a tax advisor first and be sureIf your parents protected their/your/the family's assets by establishing a Family Living Trust and transferring all assets into the Family Trust, the assets are NOT subject to taxation. The Trust allows the Family assets to live on and continue to grow, protected for generations.YES, ONE SHOULD ALWAYS CONSULT WITH A QUALIFIED TAX CONSULTANT.
What are some of the better known nondeposit trust facilities in the U.S.?
Amalga Trust Company Inc., which had 1997 assets of $6.1 billion; First of America Trust Co., with 1998 assets of $14.4 billion; Imperial Trust Co., with 1997 assets of $9.3 billion; and Mercantile Trust Company N.A., with 1997 assets of $28.7 billion
Is the settler the same as a trustee?
No, a settler is the person who creates a trust by transferring assets into it, while a trustee is the person or entity responsible for managing those assets in the best interest of the beneficiary of the trust.
How are assets distributed when there is a trust?
You must read the provisions of that particular trust to determine how it directs that assets be distributed. A trust is managed according to the provisions set forth in the document that created the trust.
