Yes it is grounds to have trust set aside. Trustee is obligated to repay if found guilty. The question would be was she using the money under the terms of the trust and to benefit the beneficiaries. If not you have a strong case and need to file for a review of the trust.
Yes, if the trustee breached their fiduciary duties and was stealing from the trust, the grantor may have grounds to amend or revoke the trust. In such cases, the grantor should seek legal advice to understand their options and the potential consequences of making changes to the trust.
If the trustee breached fiduciary duties and stole from the trust, legal action can be taken against the trustee. The grantor may not be able to unilaterally change an irrevocable trust, but they can seek legal remedies to address the trustee's misconduct. It is important to consult with legal counsel to explore options for addressing trustee misconduct in the context of an irrevocable trust.
An irrevocable trust cannot be dissolved upon the death of the grantor unless there are specific provisions in the trust document allowing for it. Generally, the terms of the trust dictate how the assets are distributed after the grantor's death. In some cases, a court may be able to modify or terminate an irrevocable trust in certain circumstances. Consulting with an attorney experienced in trust and estate law is recommended to explore your options.
In general, irrevocable trusts cannot be changed by the trustor once they are established. These trusts are designed to be permanent and the trust assets are no longer considered part of the trustor's estate. However, some irrevocable trusts may include provisions that allow for certain changes to be made under specific circumstances.
Yes. Several terms are used to describe the person who transfers their property to a trust: trustor, settlor, grantor.
The Successor's legal obligation to an estate after the last surviving Grantor dies is to administer the estate according to the terms outlined in the Grantor's estate planning documents, such as a will or trust. This may involve distributing assets to beneficiaries, settling any outstanding debts or taxes, and fulfilling any other instructions specified by the Grantor. The Successor is required to act in the best interests of the estate and its beneficiaries.
If the trustee breached fiduciary duties and stole from the trust, legal action can be taken against the trustee. The grantor may not be able to unilaterally change an irrevocable trust, but they can seek legal remedies to address the trustee's misconduct. It is important to consult with legal counsel to explore options for addressing trustee misconduct in the context of an irrevocable trust.
A Grantor Retained Annuity Trust (GRAT) is an irrevocable trust that allows the grantor to transfer assets to beneficiaries while retaining an annuity interest for a specified period. Once the GRAT is established, the terms cannot be changed or revoked by the grantor.
You cannot have the same person as grantor, trustee and beneficiary in any trust. There is no trust created in such a set up. The grantor in an irrevocable trust cannot be the trustee. The property in an irrevocable trust must be permanently separated from the grantor's control.
The grantor has no control over the assets in an irrevocable trust. Those assets are under the control of the trustee.
it remains a grantor trust
Warning! An irrevocable trust is not created when the grantor (trustor) is also the trustee. By transferring their property to a trust of which they are the trustee the grantor has retained control over the property. Irrevocable trusts are usually set up for tax purposes. The grantor cannot retain any control over the property in order for the trust to qualify as an irrevocable trust. The trust you describe has failed and left the trust property exposed to creditors and taxes. You need to consult with an attorney who specializes in trust law and tax law.
Revoking a trust means it goes back to the grantor. Who is, in your example, deceased.I trust (no pun intended ... well, maybe a little bit) you see the problem here.Essentially, the distinction between a revocable and irrevocable trust vanishes when the grantor dies.
In short no, an Irrevocable Trust cant be legally revoked by either party.
In my experience, this would be considered, in layman's terms, a trust in which the grantor, when alive, created a discretionary trust, then the gantor died. Now, the trust is in the hands of the trustee appointed by the grantor, which makes it irrevocable. When the grantor was alive, it was revocable. Now, the complex part usually means that in any given tax period, the trust had distrubutions of principle of some sort. I hope this helps.
In my experience, this would be considered, in layman's terms, a trust in which the grantor, when alive, created a discretionary trust, then the gantor died. Now, the trust is in the hands of the trustee appointed by the grantor, which makes it irrevocable. When the grantor was alive, it was revocable. Now, the complex part usually means that in any given tax period, the trust had distrubutions of principle of some sort. I hope this helps.
There is no such thing as an irrevocable power of attorney. The principal (grantor) of the POA can revoke anything they have given someone else at any time they choose.
You might check your state laws. Here is some good information: http://www.willtrust.com/trusts.php