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Are children responsible for credit card balances of a deceased parent in Massachusetts There is a living trust. No mortgage.?
The Uniform Trust Code contains provisions relating to liability of a revocable trust for payment of the grantor's debts. The definition of revocable clarifies that revocable trusts include only trusts whose revocation is substantially within the grantor's control. The trust remains revocable until the grantor's death. Upon the death of the grantor the trust becomes irrevocable and not responsible for the payment of the grantor's debts. Any assets of the estate are not protected from debts, as the now irrevocable trust's are, and must be used to pay debts until the estate, not the trust, becomes insolvent.
Is false upon the death of the parents of a special needs child having a rebocable third party snt the snt must become irrevocable?
False. A revocable third-party special needs trust (SNT) does not automatically become irrevocable upon the death of the parents of a special needs child. The terms of the trust document dictate its status, and typically, a revocable SNT can be converted to an irrevocable SNT upon the grantor's death, but this is not a universal rule. It is essential to consult the specific trust language and legal advice for accurate guidance.
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.
Can a will be irrevocable?
Yes, a will can be irrevocable in certain contexts, particularly in relation to specific types of trusts, such as irrevocable trusts. Once established, an irrevocable trust cannot be altered or revoked by the grantor without the consent of the beneficiaries. However, standard wills are generally revocable, allowing individuals to change them at any time before death. It's important to consult legal guidance for specific situations and nuances related to estate planning.
Can the heirs to a real estate irrevocable trust be decreased from 5 to 3?
no, only by the grantor or in case of the grantee's death
How do you dissolve an irrevocable trust upon death of grantor?
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.
When a revocable living trust becomes irrevocable at death can the sucessor trustees be changed by the current trustee?
Yes, if that power was granted in the trust instrument.
Can the remaining spouse change beneficiaries in a revocable trust?
Yes, a remaining spouse can change beneficiaries in a revocable trust, as long as they are the trustee or have the authority to do so. Revocable trusts allow the grantor to modify the terms, including beneficiary designations, at any time during their lifetime. However, if the trust becomes irrevocable upon the death of one spouse, the remaining spouse's ability to change beneficiaries may be limited. It's essential to review the specific terms of the trust and consult with a legal professional for guidance.
When does a revocable trust become an irrevocable trust?
There are all kinds of trusts and no single answer. Briefly: A revocable trust can be revoked by the maker (grantor or trustor) during their life. Most trusts automatically convert to an irrevocable trust upon the grantor's death when used in place of a will to transfer property to heirs. Testamentary trusts set forth in a Will are irrevocable after the death of the testator. The provisions can be changed during the life of the testator but cannot be changed after the testator has died. A living person can also create an irrevocable trust. What makes a trust irrevocable is that provisions cannot be amended by the grantor and the grantor cannot revoke the trust and regain possession of or control of the trust property. Anyone contemplating a trust should consult with an attorney who specializes in trust law and who has a good reputation. Trust law is one of the most complex areas of law and is entertwined with tax law.
Can a will convey ownership of a house in an irrevocable Trust?
A will cannot convey ownership of a house that is held in an irrevocable trust because the trust itself determines the ownership and management of the property. Once a property is placed in an irrevocable trust, the grantor relinquishes control over it, and any changes to its ownership must be made according to the trust's terms. Therefore, the house would remain under the trust's provisions after the grantor's death, rather than being transferred via a will.
What is a grantor trust?
A grantor trust is a type of trust where the grantor, or creator of the trust, retains certain powers or interests, leading to the trust’s income being taxed to the grantor rather than the trust itself. This arrangement allows the grantor to maintain control over the trust assets and enjoy potential tax benefits. Typically used in estate planning, grantor trusts can help streamline the transfer of assets upon the grantor's death, avoiding probate. Common examples include revocable living trusts, where the grantor can modify or revoke the trust during their lifetime.
What is a revocable trust UTA?
A revocable trust, also known as a living trust, is a legal arrangement that allows the creator (grantor) to retain control over the assets placed within it during their lifetime. The grantor can modify or revoke the trust at any time. Upon the grantor's death, the assets are transferred to beneficiaries without going through probate, which can simplify the estate settlement process. UTA typically refers to "Uniform Trust Act," which provides a framework for trust law across different states.
