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the beneficiary in a trust is the person whom benefits from that which is held in trust.
They most certainly may not! The entire purpose of the trust is to prevent the beneficiary from controlling the trust. The responsibility lies with the trustee to maintain the trust as it was set up. Actually, it depends on what kind of a trust is involved. For example, a Land Trust is beneficiary driven....meaning the beneficiary tells the Trustee what to do by letter of direction. Most all other types of trusts are Trustee driven and decisions are made by the Trustee. Randy Hughes
Yes, a beneficiary is not required to receive anything they don't want.
A tertiary beneficiary is the third in line to receive something when the primary and secondary beneficiaries have died.
For personal use, only if they are the beneficiary. They are entitled to compensation for their work and to use funds for the benefit of the trust, but these are typically laid out in the trust itself.
You can have a trust and file for bankruptcy but the more important question is whether you should given what is in the trust, who transferred the assets into the trust and who is a beneficiary of the trust. If you have set up a trust and have irrevocably transferred all of your interest to assets to the trust then there may be questions of whether the transfers were proper and allowable under bankruptcy law. If you are a beneficiary of a trust the question becomes whether your beneficial interest in the trust is protected when you file for bankruptcy. This will depend on reviewing the facts of how the trust and reviewing the trust documents.
The nature of any beneficiary’s interest in a trust depends on the type of trust and the provisions set forth in the trust document. Generally, a beneficiary is not entitled to any direct access to the trust property. However, the beneficiary has an equitable interest in the trust property and that means they can bring an action against a trustee who misuses or wastes the trust assets, or who fails to manage the trust according to the provisions set forth the in the document that created the trust.A beneficiary is entitled to distribution as set forth in the trust document.
You can find out if you are a beneficiary of a trust by requesting a copy of the trust document from the trustee or the attorney who created it. The trust document will outline the beneficiaries and their entitlements. You can also communicate directly with the trustee to inquire about your potential beneficial interest in the trust.
Generally no. A beneficiary's interest in a trust created by someone else would not be marital property. A grantor's interest in a trust that is revocable should be the same character as if the trust did not exist.
You cannot transfer your property to a trust if it is subject to a reverse mortgage. You have already assigned your interest in the property to the lender.You cannot transfer your property to a trust if it is subject to a reverse mortgage. You have already assigned your interest in the property to the lender.You cannot transfer your property to a trust if it is subject to a reverse mortgage. You have already assigned your interest in the property to the lender.You cannot transfer your property to a trust if it is subject to a reverse mortgage. You have already assigned your interest in the property to the lender.
the beneficiary in a trust is the person whom benefits from that which is held in trust.
A trustee and a beneficiary are essential to a trust. Without a trustee and a beneficiary there is no valid trust. They should not be the same person.
Unless the Trust was created after the age of concent by mutual consent, it would have been pledged by your parents/informants
Q. Who is responsible for homeowners insurance the beneficiary of the trust or the person with a life estate interest in the property? A. If the property is a (personal residence, family farm, rental property or even a vacation property) held in trust.Regardless of a life estate for a named beneficiary. The property tax payable would be the responsibility of the owner of the property listed on the property deed. In this case it appears that the owner of the property is the trust. Therefore the trust would be responsible for the tax. The remainderman beneficiary nor the current beneficiary enjoying a life estate in the property would owe the property tax.
Depends on the type of interest and what the Trust documents say.
You need to review the provisions of the trust for instructions on how and if the title can be transferred by the trustee to the beneficiary.You need to review the provisions of the trust for instructions on how and if the title can be transferred by the trustee to the beneficiary.You need to review the provisions of the trust for instructions on how and if the title can be transferred by the trustee to the beneficiary.You need to review the provisions of the trust for instructions on how and if the title can be transferred by the trustee to the beneficiary.
As a trustee, you have a fiduciary duty to act in the best interest of the beneficiary. If delivering funds to a beneficiary in jail could result in harm to the beneficiary or undermine the purpose of the trust, you may have the right to refuse distribution. Depending on the terms of the trust and applicable laws, seeking legal advice before making a decision is advisable.