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If there are no funds in a trust just property how are the debts paid?
Wiki User
∙ 15y ago
If there are no funds with which to pay the debts of the trust then the property must be sold in order to pay them.
Wiki User
∙ 15y ago
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Funds or property that have value in meeting debts are called what?
bankrupt The above is not just incorrect entirely, but makes less tha no sense: The funds and property that may be used to meet debts, (of a bankrupt or not) are called "assets".
How do you create a trust. Is it created when money or title is delivered to trustee?
A trust is created for a beneficiary or organization. The funds for such are already deposited into a special account before the trust is created. Funds cannot be drawn out of that account except in accordance with the trust rules or by its originator, and then only under certain conditions.So, no, the trust is not just created when the funds or title is delivered to the trustee - it has to be set up long before that occurs.AnswerA trust is created by a Declaration of Trust that sets forth the provisions of the trust. A trustee is named in the trust document and amendments and trustee resignation/appointments must be executed in writing and filed with the original trust document. The trustee is the entity that has the power to manage the trust property on behalf of the trust. The trustee holds legal title to the trust property. Bank accounts and investment accounts can be titled in the name of the trust and the entity that holds the account will require proof of both the trust and the identity of the trustee. If the trust is to hold real property, it must be transferred to the trustee, i.e., to John Kennedy as trustee of the Boston Realty Trust as set forth in a Declaration of Trust dated January 1, 2010.
Should property in trust be add when filing bankruptcy?
If you still own the property, or you control or can revoke the trust, absolutely. If your basically just the trustee of a trust that is holding things to benefit others, probably not.
Are heirs responsible for deceased fathers debt In Idaho?
Debts of the DeceasedI am not an attorney/lawyer, so this answer will of necessity be a lay answer until it can be improved by a more qualified source.Usually, in most states the debts of a deceased do not just "go away or disappear." The "estate" is legally responsible for his debts. Of course, IF a deceased had no money or property [real or personal], then there IS NO estate, and there really are no heirs, and they do not have to pay the debts of the deceased.On the other hand, IF there is money or property [real and/or personal], then there is an estate, and the estate is legally responsible to pay just [legitimate] debts of the deceased. If there is no cash money in the estate, then the property of the estate must be used to pay the legal debts.Those debts are legally the responsibility of the estate. That means that if the deceased had any money or property, the debts must be paid before any distribution of those assets to the heirs. If there is enough money in the estate, then it is used to pay off the legal debts of the deceased.IF there is no money, or not enough, AND the heirs do not want to sell the property [real and/or personal] of the estate to pay the legal debts, and since the debt must legally paid, that means the heirs must pay the estate debts.
Can an irrevocable trust be broken by the surviving spouse just because the trust states the assets are to be divided between the children and not the surviving spouse?
Generally, no. A properly drafted trust removes the property from the decedent's estate and the property passes according to the terms of the trust. That is the primary reason for transferring property to a trust. Trust law is one of the most complex areas of law. The surviving spouse should consult an attorney who specializes in trust and probate law who can review the situation and explain the options. However, actions to break a properly drafted trust can be extremely costly and rarely succeed.
Can a co trustee and beneficiary of a living trust quit claim property from trust into own personal trust?
Well, it would take both Trustees to make it happen and you will want to make sure that you are not causing property tax reassessment (if possible), but the answer is generally yes. There is a lot more to trust administration than just the quitclaim deed however.
Can the executor not sell a house that is in a living trust willed to three people other than themselves?
This question has so many mixed and conflicting terms, that it is difficult to even understand the question, much less provide an answer. This answer will assume the probable situation that creates this question. I assume that the "property" that has been "willed" to 3 people is part of a living trust created by the decedent during his lifetime. If the decedent transferred this property to a living trust, the executor has no power at all to sell it. This is because the executor has power over property belonging to the decedent. This property is owned by the living trust, therefore, beyond the authority of the executor. Once the decedent transferred the property to the trust, the trust became the legal owner just as if the decedent had transferred the property to another person. Since the decedent no longer owns the property, he has no more power to "will" that property to anyone than I have to will your property to someone. Unless the trust provides that upon his death the property goes into his own estate the executor is powerless to sell to anyone. But this would be extremely unlikely, because the purpose of the living trust is to keep that property out of the decedent's estate.
can a revocable trust be terminated before it's expiration date and devided however the trustee wants or does it have to be divided equally shares?
A revocable trust is just that - revocable. If you are the creator of the trust, you can revoke it and change ownership of property.
Can a person take your stuff if you owe them money?
You can be forced to liquidate property to satisfy debts, yes. They can't just come over and take what they like, though.
Can the funds in a Revocable Living Trust be garnished?
An indivisdual owes me money. He also owes two other individuals. Rather than pay us he is setting up a trust. I am trying to find out if this trust that he is just now setting up be garnished so that I can get my money back.
Can a lien be put on a property for a credit card debt over 6 yrs old?
Yes, debts don't just go away. Not unless you've declared bankruptcy.
What are the duties of a u s senator to constituents?
they handle government funds and debts dont use this i just guessed haha u thought i knew it well, i didnt and u just got played haha bye bye nowww powned haha
