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To be valid a trust must be in writing and meet certain statutory requirements. A trust that holds title to real estate generally must conform to the requirements of the laws of the state where the land is located regardless of where the trust originated. That means that if you live in California and draft a California trust that will hold title to land in Massachusetts, the trust must conform to Massachusetts law. A "constructive trust" can be imposed by a court to prevent unjust enrichment or to redress a wrong.

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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.


Can an heir who is the trustee of his sister's special needs trust sue her trust to get money for another sibling who was written out of the will?

No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.


How can you desolve an irrevocable trust.?

An irrevocable trust can be revoked or dissolved under only very limited circumstances. Essentially, the irrevocable trust must have it written into the wording of the trust and a possibility of dissolving it can only be there if the trust is functioning completely improperly or other than the way it was intended.


Who has custody of the irrevocable trust?

The assets in an irrevocable trust are legally owned by the trust itself, not by any individual. The trustee is responsible for managing the trust assets for the benefit of the trust beneficiaries as outlined in the trust agreement.


Are the debts of a trust payable out of the trust estate?

Yes, typically the debts of a trust are payable out of the trust estate. Creditors of the trust have the right to seek payment from the assets held within the trust before distribution to the beneficiaries.

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