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You need to review the language in the document that created the trust. It contains all the provisions that govern the trust property and the powers of the trustee. The trust must recite a provision that the trustee has the power to sell real estate and also how the proceeds must be distributed. If it doesn't cover this situation then the matter must be brought before a court and the court must issue an order.
What else can I help you with?
What is listed in a decedent's estate when he already had an irrevocable trust?
Any property owned by the decedent in his individual capacity would be included in his estate. Any property that was transferred to a trust during life would not be included in the estate.
Can real estate that is transferred to an Irrevocable trust securitize a mortgage loan that is executed by the general manager of the trust as an individual?
No. The real estate in question is owned by the trust. The trustee cannot use it as security for his individual mortgage.
Are taxes due on money received from a life insurance policy?
In most instances, no income tax is due on life insurance proceeds. (A rare exception would be if the policy was sold, making it a capital asset. Very rare, though.) There is no estate tax on the insurance policy, per se. However, if the value of the decedent's estate, including the proceeds of the policy, exceeds a certain amount ($2 million this year), then the estate would be liable to pay an estate tax. The proceeds of the policy would not be included in the value of the estate if the decedent had no incidents of ownership in the policy at death. An example would be a policy that was owned by an irrevocable trust and the decedent did not own the policy within 3 years of death.
How long does it take to settle will in probate in California?
You are combining two separate issues. Executors settle estates. An estate is comprised of all the property owned by the decedent at the time of their death. Trust property is not owned by the decedent and so is not part of the assets of an estate. Trustees manage trusts. You need to review the terms of the trust to determine what must be done with the trust property upon the death of the trustor.You are combining two separate issues. Executors settle estates. An estate is comprised of all the property owned by the decedent at the time of their death. Trust property is not owned by the decedent and so is not part of the assets of an estate. Trustees manage trusts. You need to review the terms of the trust to determine what must be done with the trust property upon the death of the trustor.You are combining two separate issues. Executors settle estates. An estate is comprised of all the property owned by the decedent at the time of their death. Trust property is not owned by the decedent and so is not part of the assets of an estate. Trustees manage trusts. You need to review the terms of the trust to determine what must be done with the trust property upon the death of the trustor.You are combining two separate issues. Executors settle estates. An estate is comprised of all the property owned by the decedent at the time of their death. Trust property is not owned by the decedent and so is not part of the assets of an estate. Trustees manage trusts. You need to review the terms of the trust to determine what must be done with the trust property upon the death of the trustor.
Can a will supercede a trust?
You really should. The trust will contain only the items that you have placed in the trust, and you can also specify in the trust where personal items should go. Please remember to have your attorney transfer your home(s) and other real property to the trust; your attorney should do it so that you don't inadvertently trigger a taxable event. Anything that you own that is not in the trust (automobiles, bank accounts, etc.) will be handle by probate court in you do not have a will to cover all the possibilities. You should have a living will as well, and arrangements for durable power of attorney. I am not an attorney, but I have helped my mother in her estate planning.
Should a life insurance policy be placed within one's trust to avoid probate?
It is usually not necessary to put ownership of Life Insurance into your living trust. I normally recommend that the policy be kept outside the trust as the proceeds will pass without probate. Discuss the tax considerations of who should be the owner with a tax professional familiar with estate taxes. I normally recommend that your spouse (if married) be the principal beneficiary of the insurance with your living trust as the contingent or secondary beneficiary. This way, if your spouse precedes you in death, the policy will pay proceeds to the trust which will distribute the proceeds with the rest of your estate exactly as you have planned without probate.
Can you use proceeds from the sale of a house in an irrevocable trust to purchase a new home?
You need to review the provisions in the trust. The proceeds belong to the trust and would be paid over to the trustee. The provisions of the trust will tell you if the trustee can use the proceeds to purchase another property in the name of the trust.You need to review the provisions in the trust. The proceeds belong to the trust and would be paid over to the trustee. The provisions of the trust will tell you if the trustee can use the proceeds to purchase another property in the name of the trust.You need to review the provisions in the trust. The proceeds belong to the trust and would be paid over to the trustee. The provisions of the trust will tell you if the trustee can use the proceeds to purchase another property in the name of the trust.You need to review the provisions in the trust. The proceeds belong to the trust and would be paid over to the trustee. The provisions of the trust will tell you if the trustee can use the proceeds to purchase another property in the name of the trust.
What happens if the beneficiary of a california living trust dies before the estate is settled?
There is a disconnect here. A living trust is not related to an estate. The wording of the trust and perhaps the will associated with the individual will determine what the expectations are.
What is a Trust Res?
The property owned by a trust is the trust res.The property owned by a trust is the trust res.The property owned by a trust is the trust res.The property owned by a trust is the trust res.
What happens if an irrevocable trust was left to 7 beneficiaries but owner of the trust before his death quit claimed property to only one?
If the trust was set up as a testamentary trust the testator could have conveyed any property that she owned prior to her death. In that case the property would not become part of the estate nor part of the trust upon her death. There are many cases where a testator devised property in an outdated will that she no longer owned. That land is gone. It was not part of the trust property.
Do you need to probate your father's estate if he created a living trust before he died?
You need to probate your father's estate if he owned any property at death that was not transferred to his trust. You should have a copy of the trust. If you're not sure you should consult with an attorney who specializes in probate law.
Is life insurance taxable?
Life insurance proceeds paid to a beneficiary is not taxable. However, if the life insurance beneficiary is a trust or estate, there may be some tax implications.
