Knowing legal terminology is essential to creating precise and accurate trust documents. Creating a trust is one of the most important legal actions a person can take during his or her lifetime. By knowing legal terminology, one can be assured he or she will create or purchase legal services which are accurate and work to benefit one’s estate.
One important aspect of trust documents is the remainders they contain. A remainder is a grantee’s future interest that waits until a possessory estate ends naturally. It is a very common occurrence in property law that clients wish to create trusts which include remainders. An example of language depicting a remainder are, A to B for life, then to C. It is important to keep in mind that a remainder allocates land or an estate to a new third party, while a reversion allocates land or an estate back to the grantor.
The formal definition of a remainder is that it is a future interest created when a grantor conveys a possessory estate that is inherently limited, and in that conveyance, also conveys the future interest to a second grantee. A reversion is a future interest created when a grantor transfers a very limited possessory estate. In a reversion, the person making the grant also keeps the future interest rather than transferring it to a second grantee.
It is important to know the specific concepts within the broad definitions of remainders and reversions. For a remainder, there are two different types to choose from when creating an estate or planning an estate. A remainder can be either a vested or contingent remainder. A vested remainder will always become possessory, while a contingent remainder is not always certain to become possessory.
To discuss further, there are certain elements that must be met for a remainder to be vested. First, a remainder will be vested if it is given to an ascertained person. Second, it will be vested if the words creating the remainder do not contain a condition precedent. There are also certain elements that must be met for a remainder to be contingent. First, a remainder will be contingent if it is given to an unascertained person. Or, a remainder will become contingent if the words creating the remainder do contain a condition precedent, unlike a vested remainder.
Overall, it is incredibly important to know these legal terms in order to create trust documents that are precise.
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Revocable trust is commonly abbreviated as "rev. trust" or simply "RT." This abbreviation is used in legal documents and discussions to refer to a type of trust that can be altered or revoked by the grantor during their lifetime.
Depends on the type of interest and what the Trust documents say.
Absolutely. Every base has a legal office. The Army calls it a "JAG". They can help any servicemember, and even dependents with legal documents such as a will or trust.
Your wife would not be an appropriate notary for documents relating to a family trust. Others who must deal with the trust would find that situation unacceptable. If it's a family trust then she must benefit from it. A universal rule for notaries is that they must not notarize any legal document in which they have an interest or from which they may benefit. You should have a completely disinterested third party notarize those documents.
To locate trust documents effectively, start by checking with the trustee or the attorney who created the trust. You can also search through personal files, safe deposit boxes, or contact the county clerk's office where the trust was established. Additionally, consider hiring a professional to help locate and review the trust documents.
No.
The minimum age for a trustee in a living trust is typically 18 years old. However, it is advisable to choose a trustee who is mature, responsible, and capable of managing the trust assets effectively.
A check should generally be made payable to the Trust, as the Trust itself is the legal entity that holds the assets. However, in some cases, it may also be appropriate to include the Trustee's name, especially if the Trustee needs to endorse the check for deposit or management purposes. Always consult the Trust's governing documents or a legal professional for specific guidance tailored to your situation.
You are hoping to gain trust and prove your loyalty.
For registering an NGO as a Trust, the following documents are typically required: Trust Deed: The main instrument of the trust which includes details about the trustees and the objectives of the trust. Proof of Registered Office Address: Address proof of the registered office of the trust. Identification Documents of Trustees: Copies of PAN cards and address proofs of the trustees. Photographs: Recent passport-sized photographs of the trustees.
Yes. A trust is set up for the purpose of enabling the legal title of the trust property to be held by the trustees. The trustees have the legal power to deal with the trust property according to the provisions set forth in the trust document only.