If the deceased's will leaves assets to a person but places them into a "trust" for that person, yes, they can.
No, "in trust for" and "beneficiary" are not the same. "In trust for" refers to an arrangement where a trustee holds and manages assets on behalf of the beneficiary, who is the individual entitled to benefit from those assets. The trustee has a fiduciary duty to manage the trust in the best interests of the beneficiary, but they are separate roles in the context of a 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.
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.
The beneficiaries are entitled to an accounting to make sure the trustee is not wasting the trust assets.
No, a blind trust and an irrevocable trust are not the same. A blind trust is a specific type of trust where the trustee manages the assets without the beneficiary's knowledge of the holdings or transactions, often used to avoid conflicts of interest. An irrevocable trust, on the other hand, is a trust that cannot be altered or revoked by the grantor once established, meaning that the assets are permanently transferred out of the grantor's control. While a blind trust can be irrevocable, not all irrevocable trusts are blind.
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.
The owner of a trust is typically referred to as the "grantor" or "settlor," the individual who establishes the trust and transfers assets into it. Once the trust is created, the assets are held by the trust itself, and a "trustee" is appointed to manage those assets for the benefit of the "beneficiaries." While the grantor may retain certain powers over the trust, the legal ownership of the assets lies with the trust.
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.
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.
Does the trust have assets in it?
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.
The grantor has no control over the assets in an irrevocable trust. Those assets are under the control of the trustee.