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Trust law is one of the most complicated areas of law. Trusts should only be drafted by an attorney who specializes in trust law. Trust law varies from state to state and the federal government has its own standards that must be met in order for a trust to qualify for tax purposes. If a trust is invalid the title to the property remains in the trustor and as such, vulnerable to creditors, probate and taxes. A trust that names one person as the beneficiary and the trustee may fail.
Trust law is one of the most complicated areas of law. Trusts should only be drafted by an attorney who specializes in trust law. Trust law varies from state to state and the federal government has its own standards that must be met in order for a trust to qualify for tax purposes. If a trust is invalid the title to the property remains in the trustor and as such, vulnerable to creditors, probate and taxes. A trust that names one person as the beneficiary and the trustee may fail.
Trust law is one of the most complicated areas of law. Trusts should only be drafted by an attorney who specializes in trust law. Trust law varies from state to state and the federal government has its own standards that must be met in order for a trust to qualify for tax purposes. If a trust is invalid the title to the property remains in the trustor and as such, vulnerable to creditors, probate and taxes. A trust that names one person as the beneficiary and the trustee may fail.
Trust law is one of the most complicated areas of law. Trusts should only be drafted by an attorney who specializes in trust law. Trust law varies from state to state and the federal government has its own standards that must be met in order for a trust to qualify for tax purposes. If a trust is invalid the title to the property remains in the trustor and as such, vulnerable to creditors, probate and taxes. A trust that names one person as the beneficiary and the trustee may fail.
What else can I help you with?
Can the same person be both the beneficiary and the trustee of a blind trust?
No. The trustee has full control over the assets in the trust. In a 'blind trust' the trustee must be completely independent. If the beneficiary is the trustee then the trustee is not completely independent.
Can the same person be both the beneficiary and the trustee of a revocable trust?
Yes.
What is an irrivocable trust?
Revocable TrustsA revocable trust is one where usually, grantor/trustee/beneficiary are the same person. It can be revoked or amended any time until the person's death.Upon death the trust property bypasses probate and assets are distributed to the heirs.ClarificationA trust is a right to hold property for the benefit of another. A trustor (grantor, settlor) creates the trust, places the trust property (land, money, stocks, etc.) in the trust and names both the trustee who will hold power over the trust property and the beneficiaries. A revocable trust can be amended or revoked by the trustor at any time during her life. Be careful with that first statement in the first answer. It is not the definition of a revocable trust. In fact, it is a common trust error. In many states where the grantor, trustee and beneficiary are the same person there is no trust created and the property remains in the grantor's estate. That error can cause serious consequences down the road.
What does a trust?
Allows one group to control many companiesA trust is a legal vehicle whereby the legal title and the equitable title to the property comprising the trust res is split between a trustee and a beneficiary. The conveyance of property into a trust functions to put the trust res at arm's length from both the grantor and the beneficiary for various reasons, both legal and capricious.
What does trust do?
Allows one group to control many companiesA trust is a legal vehicle whereby the legal title and the equitable title to the property comprising the trust res is split between a trustee and a beneficiary. The conveyance of property into a trust functions to put the trust res at arm's length from both the grantor and the beneficiary for various reasons, both legal and capricious.
How do you create a trust. Is it created when money or title is delivered to trustee?
A trust is created for a beneficiary or organization. The funds for such are already deposited into a special account before the trust is created. Funds cannot be drawn out of that account except in accordance with the trust rules or by its originator, and then only under certain conditions.So, no, the trust is not just created when the funds or title is delivered to the trustee - it has to be set up long before that occurs.AnswerA trust is created by a Declaration of Trust that sets forth the provisions of the trust. A trustee is named in the trust document and amendments and trustee resignation/appointments must be executed in writing and filed with the original trust document. The trustee is the entity that has the power to manage the trust property on behalf of the trust. The trustee holds legal title to the trust property. Bank accounts and investment accounts can be titled in the name of the trust and the entity that holds the account will require proof of both the trust and the identity of the trustee. If the trust is to hold real property, it must be transferred to the trustee, i.e., to John Kennedy as trustee of the Boston Realty Trust as set forth in a Declaration of Trust dated January 1, 2010.
Will set up a trust but trust was not funded can the executor raid the estate to fund fees for himself as trustee?
No, he cannot. The offices of testamentary trustee and exutor are separate and distinct from one another even if the same person is to serve as both. Compensation for a trustee comes out of the funds in the trust for work done by the trustee on behalf of the trust. If the trust is unfunded, there are no assets out of which to pay fees to the trustee. Also, if the trust is unfunded then the trustee has done nothing to earn any trustee fees. Compensation of trustees and executors is governed by state laws, so it is important to check the laws of the state of probate for the details.
What is an irrevocable life insurance trust?
A life insurance trust is an irrevocable, non-amendable trust which is both the owner and beneficiary of one or more life insurance policies. Upon the death of the insured, the trustee invests the insurance proceeds and administers the trust for one or more beneficiaries. (Moved from discussion comments below)
What if a trustee of an irrevocable trust is not being truthful about funds being spent can the trustee be removed?
The trustee should be required to file an account every year that can be reviewed by the beneficiaries of the trust. They have an interest in both the trust property and that the trustee not waste, misuse or steal any of the trust assets. If the trustee is being secretive then the trust should be reviewed for any provision that address the removal of the trustee and the appointment of a successor. If there are no such provisions IN the trust document, a petition should be brought to a court of equity. A judge can appoint a new trustee. Any trustee who refuses to be accountable to the beneficiaries is not "trustworthy".
Can a settlor transfer property to trustee for the settlor and trustee?
Your question is assumed to be the following: May Sheila transfer her property to Judith as the trustee for the benefit of Sheila and Judith. Generally, the answer is yes but trust law is extremely complex and varies from state to state. If you transfer real property to your trust that is situated in another state than where you live, the trust must meet the requirements of THAT state. Trusts should always be drafted by an attorney who is an expert in trust law.
Can a co trustee and beneficiary of a living trust quit claim property from trust into own personal trust?
Well, it would take both Trustees to make it happen and you will want to make sure that you are not causing property tax reassessment (if possible), but the answer is generally yes. There is a lot more to trust administration than just the quitclaim deed however.
Can one trustee sell property in trust without second trustee's signature?
That depends on the provisions set forth in the trust. You need to review the trust. The trust document may provide that any one trustee can act or it may require that both trustees join in any action taken by the trustees.
