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Generally yes. A life estate must be released by the written consent of the holder. However, life estates are governed by state laws and they vary from state to state. If the life tenant is causing waste or causing damage to the property you should discuss the situation with an attorney.
What else can I help you with?
Can someone with life estate keep the one out that the house was left to?
No....If the home was in a irrevocable or trust life estate and that person died or in the case of the irrevocable trust there still alive and your the benaficairy the trustee can keep you out, but eventually depending on what the terms of the estate are turn the trust or estate over to you. Seek the advice of a probate attorney.
Can a trustee in an irrevocable life insurance trust borrow money from a life insurance?
No to avoid estate tax penalty
Which policies is used in estate planning to fund irrevocable trusts?
Some commonly used policies in estate planning to fund irrevocable trusts include life insurance policies, retirement accounts, and gifting strategies. These assets can be transferred into the irrevocable trust to provide financial security for beneficiaries and potentially reduce estate taxes.
What is the benefit of placing term life insurance in a irrevocable trust?
The grantors of an irrevocable trust can take out life insurance on themselves and put it (term or whole life insurance) in the trust in order to pay the estate taxes on their estate assets when they die. This allows the grantor (giver of assets) to leave his estate assets to his children or someone else (beneficiaries) without them having to pay estate tax, or death tax as some call it.
When an irrevocable trust ends how long do people have to sue the estate?
An irrevocable trust and an estate are two separate and distinct legal arrangements. If a person transfers their property to an irrevocable trust it is no longer part of their estate. You need to consult with an attorney who can review your situation, hear the details and explain your options.
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.
What is the difference between an irrevocable trust and a living trust?
Provisions of a living trust remain valid as long as you stay alive, but the benefactors of your estate are not bound by these provisions once you have died. An irrevocable trust binds the benefactors of your estate to the trust's provisions.
Must an unwritten debt to deceased parents be paid by a daughter to the estate in irrevocable trust?
In reality, if there is no written proof of the debt, the estate cannot collect.
Why would you set up an irrevocable trust?
Setting up an irrevocable trust can provide several benefits, including asset protection from creditors and legal judgments, as the assets are no longer considered part of the grantor's estate. It can also help reduce estate taxes, as the assets transferred to the trust are removed from the grantor's taxable estate. Additionally, irrevocable trusts can ensure that assets are managed and distributed according to the grantor's wishes, providing financial security for beneficiaries. However, it's important to note that once established, the terms of an irrevocable trust cannot be easily altered or revoked.
Can you refinance a home in a irrevocable trust?
http://en.allexperts.com/q/Real-Estate-Home-1842/Refinancing-Trust.htm
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
Can an irrevocable trust be changed by the trustor?
In general, irrevocable trusts cannot be changed by the trustor once they are established. These trusts are designed to be permanent and the trust assets are no longer considered part of the trustor's estate. However, some irrevocable trusts may include provisions that allow for certain changes to be made under specific circumstances.
