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Is it possible to arrange an irrevocable trust with the same person as grantor trustee and beneficiary?
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.
Can the same person be the trustee and a beneficiary of an irrevocable trust?
No. That would invalidate the trust.
If the grantor and the trustee are the same person in an irrevocable trust can they revoke any or part of that trust from the beneficuary?
In short no, an Irrevocable Trust cant be legally revoked by either party.
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.
What is a typical attorney fee for the drawing of an irrevocable trust?
The attorney's fee for the drawing of an irrevocable trust will depend on how complicated the situation is. Fees also vary greatly by location; the cost in New York City is far more than having the same thing done in Kalispell, Montana. For most situations, a reasonable fee for an irrevocable trust is somewhere between $400 and $1,200 dollars.
What is the difference between a living trust and a revocable living trust?
A living trust is a trust that exists and is operational during your lifetime. Such a trust may be set up for many different purposes and may be revocable or non-revocable.A trust that doesn't become active until your death is called a testamentary trust as distinguished from a living trust.By far, the most common living trust is a revocable living trust. "Revocable" mean it may be terminated at will by any of the persons who created it. The primary reason these trusts are created is to avoid probate court after the death of the person(s) who created or set up the trust. There are many other benefits of such trusts, such as avoidance of estate taxes for the heirs, creating special needs trusts for heirs with difficulties, disinheriting heirs, protecting family businesses, and many others, but avoiding probate is almost always the principal reason for a revocable living trust.Non-revocable, or irrevocable trusts are generally used for transfer of assets during one's lifetime, often for tax purposes. For example, an irrevocable trust could be established to provide income to certain heirs during their lifetime, with the assets going to charity after the heir's deaths. This is often used to avoid estate taxes. The creator, however, cannot revoke and usually may not change the terms of the trust or take back the assets. They are no longer owned by the creator of the trust.The principal difference between the two types of living trusts is that with a revocable trust, the creator of the trust can terminate the trust and regain ownership of the trust assets; and with a irrevocable trust, the creator of the trust gives up ownership and control of the assets and the trust cannot be revoked. There may be exceptions to this general explanation, but these are the principal distinctions.For specific answers to personal situations, it is always best to consult with a local attorney with experience is this area of the law.
Living Trust Revocation?
Get StartedThe Living Trust Revocation is a document used to revoke a living trust or joint living trust. The Revocation can be used to either dismantle the entire plan of using a revocable living trust or to revoke the "old" living trust in preparation for preparing and signing a "new" living trust. However, if a new living trust will be created, and if it will have the same number of grantors as the revoked living trust, consider amending and restating the existing living trust instead of revoking it. If the living trust is merely restated and not revoked/replaced, the assets already transferred to the living trust will remain in the living trust, avoiding the need to transfer each of them. (See this program's Living Trust or Joint Living Trust documents and select the option to "Amend" the Trust.)
Can filing bankruptcy affect a living trust?
Yes. If the trust is not a true trust (i.e., the settlor, trustee and beneficiary are all the same person) or if the trust is revocable, the trustee can pursue the trust assets. If the debtor is the beneficiary of a living trust and can or has gotten a distribution of some of the trust assets, the trustee may be able go after the assets to the same extent the debtor is eligible to receive a distribution. It may be possible to negotiate a settlement of less than the full amount of the assets with the trustee.
What a organ?
tissues of the same type form an organ.
What are the capital gains tax advantages to selling a primary residence held by a living trust if it is sold while the Trustee is still living?
The question is ambiguous, but generally, there is no particular advantage to capital gains for a trust v. an individual. It's still the same rate.
Can a irrevocable trust be contested?
my brother was very grave with liver cancer,and the doctors only gave him a couple of days to live. he went into the hospital on nov.2,2007 and by nov.5,2007 he was put into the hospic ward,where on nov.11,2007 he died. on nov.5,2007 his attorney came in his room with a will and trust for him to sign. my brother didnt even know what day it was or who the presentdent of the u.s. was.itold the lawyer not to let him sign anything because he was on a double dose of morphine.but his lawyer had him to sign the trust anyway being under the double dose of morphine.the trust was sign on nov.5,2007 the same day that he was put in the hospic ward and he died on the nov 11,2007.do you think the irrevocable trust can be turn around,because my brother did not read what he sign or could not understand at that time what he was signing,because he was on a double dose of morphine and than when he got to the hospic ward they put him on hydrochlophine which is stronger than the double dose of morphine,and the doctor gave him an i.v drops every 10 min. so can you tell me if this irrevocable can be contested?
Pour-Over Will?
Get StartedA Pour-Over Will is a specialized will that is used as a supplementary document to the Living Trust or Joint Living Trust. Its primary function is to "Pour Over" the Will writer's remaining assets (at the Will writer's death) into the Will writer's Living Trust or Joint Living Trust. Often a Living Trust is established to avoid "probate" of a will, but if any assets were not transferred into the trust �by design or by inadvertence, a pour-over will serves as a safety net to convey those assets into the Living Trust so that they can be distributed with the Will writer's other assets. Note: If a Joint Living Trust has been created, each joint Grantor should prepare a Pour-Over Will.A Pour-Over Will includes a standard provision that provides for an Executor (Personal Representative in some states). It also includes an optional provision to select a Guardian, if the Will writer has minor children.Instead of the usual provisions that provide for the distribution of specific bequests, tangible personal property, and the residuary estate, the Pour-Over Will simply distributes the Will writer's remaining assets to his or her Living Trust. The Living Trust then distributes that property, plus the Trust assets, in accordance with the distribution provisions (specific bequests, etc.) of the Living Trust.The Pour-Over Will should be signed with the same formalities as any other Will.
