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When it comes to a revocable trust, the trust is usually used for immediate family, or people who are listed on the trust. There is no trustee so it is pretty much a cheaper option since it is straight forward process.
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∙ 14y ago
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Why would one work with a revocable trust?
Revocable trust includes many advantages. Revocable Trust's main advantage is the agreement provides flexibility and income to the living grantor.
What does it mean when a revocable trust becomes irrevocable?
That means the provisions of the trust agreement cannot be changed.
Can an irrevocable trust be converted to a revocable trust after grantor is deceased?
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.
What makes a revocable trust revocable?
Yes. The settlor ordinarily reserves the right in the trust document to amend or revoke the trust at any time during his or her lifetime. This enables the settlor to revise the trust (or even terminate the trust) to take into account any change of circumstances such as marriage, divorce, death, disability or even a change of mind. It also gives the settlor the peace of mind that he can undo what he has done.
What is better a revocable trust or will?
If you have a lot of assets a trust may be a better choice. Dividing the assets after death will probably be easier, and you may be able to legally avoid some taxes. Basically with a trust you avoid the involvement of probate court. Even with a will, probate court is involved.
Can a Revocable Trust be a guarantor?
Generally, lenders do not favor trusts as guarantors.
Can changes be made to beneficiaries in a revocable trust that was originally prepared by an attorney?
Yes, changes can typically be made to beneficiaries in a revocable trust that was prepared by an attorney. You would need to work with the attorney who drafted the trust to amend the document and update the beneficiaries accordingly.
Does a revocable trust become irrevocable upon death of grantor?
It depends upon how the trust is written. Generally, yes.
Would an executor's fee calculation include monies from a revocable trust that has a trustee other than the estate's personal representative?
Generally no because property placed in a revocable trust is not part of a person'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 can typically be terminated before its expiration date, with the assets distributed according to the provisions outlined in the trust agreement or at the discretion of the trustee. The trustee may have the flexibility to distribute the assets as they see fit, depending on the terms specified in the trust document.
Only who can revoke a revocable trust?
The person who created the revocable trust, known as the settlor or grantor, holds the power to revoke the trust during their lifetime. Once the settlor passes away, the trust becomes irrevocable and the terms cannot be changed.
Is the Settler of a Revocable Living Trust the person whos name appears on the Trust?
Yes, the settlor of a revocable living trust is the person who creates the trust by transferring assets into it. The settlor's name appears on the trust document as the creator of the trust.
Why would one work with a revocable trust?
Revocable trust includes many advantages. Revocable Trust's main advantage is the agreement provides flexibility and income to the living grantor.
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.
Does a will override a revocable trust?
Usually a revocable trust takes precedence over a will when it comes to distributing assets. Assets held in a trust don't typically go through probate, unlike those held in a will. However, it's essential to ensure that the trust is properly funded and that the terms of both the will and the trust are aligned to avoid conflicts.
Can revocable trust have POA?
no
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.
