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What else can I help you with?
How do I get a copy of my father's revocable trust?
You don't, it is none of your business what your father has set up.
Is a residuary trust revocable or non revocable?
A residuary trust is set forth in a Will and is non-revocable after the death of the testator. It can be amended or revoked while the testator is still living.
Can a revocable trust be changed by a codicil?
Generally, a revocable trust is a living trust. The instrument that created the trust, sometimes called a Declaration of Trust, must set forth all the provisions of the trust including how and if it can be amended. Amendments to a trust must be attached to the original trust instrument. If the trust is recorded in the land records any amendments thereto must be recorded in the land records. Changes to a living trust are called trust amendments.A testator can also set forth a trust in their will. That type of trust is called a testamentary trust. A testamentary trust can be amended by a codicil.
Can a irrevocable trust become revocable if the only trust document is a will?
Trust law is one of the most complex areas of law. It depends on the instrument that creates the trust. You need to discuss this question with an attorney who specializes in trust law. Generally a trust set forth in a will is revocable by the testator during her life and irrevocable after her death.
Can the surviving spouse dissolve a revocable living trust for the purpose of disinheriting a beneficiary?
Typically, a surviving spouse cannot unilaterally dissolve a revocable living trust for the purpose of disinheriting a beneficiary if the trust was set up by both spouses. However, they may be able to amend the trust if it allows for changes to beneficiaries. It is important to consult with an attorney for specific legal advice in this situation.
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.
Is an irrevocable trust a living trust?
Yes. There are two types of trusts, living (intervivos) and testamentary. The living trust is created by a living person(called the settlor or trustor). The testamentary trust is created by the will of a deceased person. Living trusts are designated as either revocable or irrevocable depending on the authority of the settlor. If the settlor has the power to cancel or revoke the trust, it is a revocable trust. If the settlor has no power to revoke it then it is an irrevocable trust. Since the revocable/irrevocable distinction is determined by what the settlor can do while he or she is alive, the trust had to have been made during the settlor's lifetime. Hence, an irrevocable trust is a living trust. On the other hand a trust that is set forth in a person's will is revocable during the life of the testator simply by a modification of the will through a codicil. Once the testator has died that trust becomes irrevocable.
How can you amend a revocable trust?
A trust must be managed according to the provisions set forth in the document that created the trust. Therefore, you must review your trust to determine how/if it can be amended. Trusts should always be drafted by an attorney in your jurisdiction who specializes in trust law.
What is a Semi Revocable Trust?
A semi-revocable trust is a type of trust that allows the grantor to retain some control over the trust assets while also providing certain protections and benefits to the beneficiaries. Unlike a fully revocable trust, the grantor may have limited ability to alter or revoke the trust once it is established. This type of trust can offer flexibility in asset management and distribution while still providing some level of security and permanence for the beneficiaries. It can be particularly useful in estate planning, allowing for specific conditions to be set for beneficiaries while maintaining some oversight by the grantor.
Can you sue a revocable living trust?
While you can't sue the trust itself, you CAN sue the grantor (owner) of the trust, because anything that's in the trust is treated as being owned by the grantor. For instance, if you set up a revocable living trust and put all your assets in it, the trust DOES NOT protect your assets from seizure by creditors or judgments, because everything in the trust is still owned by you. The main purpose of a revocable trust is for your heirs to avoid going through probate when you die; otherwise it provides no legal protection for you or your estate. So to answer your question literally, no you can't sue the "trust", but if you're asking can someone seize money in the trust if they sue you and win, then yes, they most certainly can.
How do you find a trust find?
My Father/Grandfather (Grandparents adopted grandchildren) had trust funds made for us. He died in 1994. Will not probated by his son( my brother/ father). Said he was trustee of funds. Now he( brother/father) has passed. Current wife is not probating will. Our brother/father said he used a separate attorney to set up trust funds for us. We have no paper work, only word of mouth. If they exist, how can we find them?
What is a reinstatement of a Revocable Living Trust?
Reinstatement of a Living Trust occurs when the trust has been previously revoked or otherwise set aside or suspended by a probate court. Reinstatement means the trust is just that, reinstated, or put back into effect. This can be done by the creator of the trust or by a trustee under certaincircumstances or even by a judge.
