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What happens when the beneficiary of a trust asset is in the name of an older trust?
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What happens if both primary and secondary beneficiary die. Second beneficiary had approved power of attorney to another sibling - what happens then?
A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?
What is considered bankruptcy exempt property If you are a trustee of a realty trust is that property considered your asset?
There is a difference between something that is your asset and something that is not. Exemptions only apply to assets.Whether the realty trust is your asset depends on the trust instrument and your state law. In most cases, if the property was yours and you put it into a realty trust, and you are the trustee and the beneficiary of the trust, there is no legal trust, merely the form of a trust.If it is a true trust, then the question becomes, are you a/the beneficiary and what is your share of the value of the trust? That is an asset.If it is a true trust but it is a revocable trust so that you get the trust property on revocation, that will probably be an asset to you also.This is a complex area of law, and you really need to have an experienced trust/bankruptcy lawyer look everything over.
What happens when the benefiary of a trust dies?
A properly drafted trust has provisions for the distribution of the trust property upon the death of the beneficiary.
What is the beneficiary in a trust?
the beneficiary in a trust is the person whom benefits from that which is held in trust.
Is an in trust for ITF account part of an estate?
No. That type of an account has a named beneficiary and it would pass automatically to the beneficiary. It would be a non-probate asset.No. That type of an account has a named beneficiary and it would pass automatically to the beneficiary. It would be a non-probate asset.No. That type of an account has a named beneficiary and it would pass automatically to the beneficiary. It would be a non-probate asset.No. That type of an account has a named beneficiary and it would pass automatically to the beneficiary. It would be a non-probate asset.
What happens when the beneficiary becomes mentally ill in a will at the time of death of the testator?
The mental status of the beneficiary has no bearing on distribution. If they have been declared mentally incompetent, the inheritance will be added to the trust for the beneficiary.
Can there be a trustee and beneficiary to an irrevocable 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.
Can a dog be named a sole beneficiary to an estate?
No, they cannot. A trust for the benefit of the dog, with specifics has to what happens to the remainder on the death of the dog, could be the sole beneficiary.
Can a future beneficiary borrow against his assets in trust?
If the trust is a spendthrift trust, then no, the beneficiary probably cannot borrow against it. It is up to the lender.
Does a land trust protect the beneficiary from law suits?
Yes. A properly drafted trust shields the beneficiary from being personally liable for lawsuits involving the trust property.Yes. A properly drafted trust shields the beneficiary from being personally liable for lawsuits involving the trust property.Yes. A properly drafted trust shields the beneficiary from being personally liable for lawsuits involving the trust property.Yes. A properly drafted trust shields the beneficiary from being personally liable for lawsuits involving the trust property.
Can a creditor claim assets held for a beneficiary in trust in case of bankruptcy of the beneficiary?
Not if the trust was properly drafted by a professional.
What happens if the beneficiary of a california living trust dies before the estate is settled?
There is a disconnect here. A living trust is not related to an estate. The wording of the trust and perhaps the will associated with the individual will determine what the expectations are.
