0
You cannot be the surviving spouse of a trust. A trust is a legal arrangement set up to hold title to property. Any trust is managed by the provisions set forth in the document that created the trust. You need to review that document. If no one has a copy then you may need to get a court order to make changes.
What else can I help you with?
Does a trust created prior to marriage automatically get distributed to spouse not included in trust?
Generally, no. In fact, a properly drafted trust protects the assets of the trustor from their spouse. That type of arrangement is often used when a person has valuable assets, children from a first marriage and a new spouse. A trust removes the assets from their individual estate thereby circumventing inheritance laws.
What is a residual trust?
A residual trust is known as the A-B trust. It its set up to handle someones estate and allow for part of it to be used for the spouse.
Can the remaining spouse change beneficiaries in a revocable trust?
Yes, a remaining spouse can change beneficiaries in a revocable trust, as long as they are the trustee or have the authority to do so. Revocable trusts allow the grantor to modify the terms, including beneficiary designations, at any time during their lifetime. However, if the trust becomes irrevocable upon the death of one spouse, the remaining spouse's ability to change beneficiaries may be limited. It's essential to review the specific terms of the trust and consult with a legal professional for guidance.
Can a trustee sell assets in a irrevocable trust when the decease owns 99 percent of the property named in the trust?
You must review the terms of the trust to determine the powers of the trustee. If you still have questions then you need to consult an attorney who specializes in trust law.On one point you seem to be confused. A decedent cannot be the owner of 99% of the property in a trust. The property is owned by the trust. The most common purpose of a trust is to remove property out of a person's estate (the grantor) so that the property bypasses probate.Once a person transfers her property to a trust, it is managed by a trustee according to the terms of the trust. A properly drafted trust has provisions that direct the distribution of property after the death of the grantor.
Can a policy owner of a keyman life policy change irrevocable beneficiaries where the beneficiaries are split between the insureds spouse and the owner-employer?
Yes, the policy OWNER has the right to make changes on the policy, including changes of beneficiaries, or % of split between different beneficiaries. Keyman life policies are usually owned by the key person's employer. The employer in this case can decide what % of the benefit the business will receive and if they want to split the benefit for other purposes (key person's spouse, trust, charity, etc).
Can an irrevocable trust be broken by the surviving spouse just because the trust states the assets are to be divided between the children and not the surviving spouse?
Generally, no. A properly drafted trust removes the property from the decedent's estate and the property passes according to the terms of the trust. That is the primary reason for transferring property to a trust. Trust law is one of the most complex areas of law. The surviving spouse should consult an attorney who specializes in trust and probate law who can review the situation and explain the options. However, actions to break a properly drafted trust can be extremely costly and rarely succeed.
Does a Qualified terminable interst property trust qualify for a marital deduction?
A QTIP trust (a.k.a. C trust), which is typically created at the death of the first spouse to die, grants the surviving spouse a lifetime right to the income of the trust (at least annually) while transfering the remainder interest to individual(s) of the grantor's choosing. This qualifies for the unlimited marital deduction even though the spouse does not receive outright access to the assets in the trust. Even though this IS a terminable interest (usually disqualifying the marital deduction), the QTIP will qualify for the unlimted marital deduction since the surviving spouse will be required to include, in his/her gross estate, the fair market value, at the surviving spouse's date of death, the assets of the trust. The assets are taxed later in the surviving spouse's gross estate, but they will pass to the beneficiary of the trust, chosen by the first-to-die-spouse, at the surviving spouse's death.
What is the percent of a trust belongs to spouse when the spouse passed away and has children?
The percentage of the trust that belongs to the surviving spouse when the spouse passes away and has children can vary depending on the terms of the trust. In some cases, the surviving spouse may be entitled to a portion of the trust assets, while the remaining assets may pass to the children. It is important to review the trust documents and consult with an estate planning attorney to determine the specific distribution.
Can an irrevocable living trust be changed after the death of a spouse by the surviving spouse?
An irrevocable living trust generally cannot be changed after the death of the person who created it, even by the surviving spouse. The terms of the trust are fixed and legally binding, and any modifications typically require the consent of all beneficiaries or a court order. However, the surviving spouse may have certain rights or powers depending on the trust's specific provisions. It's advisable to consult with an estate attorney for guidance based on the trust's terms and applicable laws.
AB Trust Information?
Married couples are able to increase the use of his/her federal exemptions from the estate tax by the use of an AB Trust as a part of their estate plan. This system organized under the couples’ Revocable Living Trusts or Last Will and Testaments. The “A Trust” is usually referred to as the Marital Deduction, QTIP, or Marital Trusts. The “B Trust” is usually referred to as the “Family Trust”, “Credit Shelter Trust”, or “Bypass Trust”. Ways the AB Trust Maximizes Both Spouses Tax Exemptions: 1.The couple has the correct AB Trust Language included in their Revocable Living Trust or the Last Will and testament. •Should be done with a qualified estate-planning attorney. 2.The couples assets are divide so each spouse has just about the same value of assets in their Revocable Living Trust or in their individual name. •This is an essential step and need to be done so that the AB Trust system can work. Often, couples leave his/her assets in joint account, which completely cancels the use of the AB Trust system because the joint assets will pass to the surviving spouse outright, instead of by way of the deceased spouse’s Living Trust (Revocable), or Last Will. 3.The first $ 3,500,000 of the surviving spouse’s assets will be funded into the B Trust, if the first spouse died in 2009. •This successfully utilizes the first spouses $ 3,500,000 federal exemption that comes from taxes that were available for deaths happening in 2009. The B Trust can be used for the benefit the descendants, the surviving spouse or other beneficiaries and can be reasonably flexible. 4.The excess is funded into the A trust if the spouse who is deceased assets exceed $ 3, 500,000. •This will postpone the payment of estate taxes on amounts of the deceased spouse exemption of $ 3, 500,000, pending the surviving spouse’s death. The A Trust is less flexible, because of this estate tax deferment and can only be utilized for the advantage of the surviving spouse. The surviving spouse is also required to accept all of the incomes from the A trust. 5.Later, as a result of the surviving spouse dying, the surviving spouse will keep their own estate tax exemption, if a federal estate tax is in effect. •If the exemption sum is $ 3,500,000 at the time the surviving spouse dies, then the first $3,500,000 that comes from the surviving spouse’s detached assets will go to the final beneficiaries, tax-free. Anything above $ 3,500,000 will experience tax.
Can the surviving spouse dissolve a revocable living trust for the purpose of disinheriting a beneficiary?
Typically, a surviving spouse cannot unilaterally dissolve a revocable living trust for the purpose of disinheriting a beneficiary if the trust was set up by both spouses. However, they may be able to amend the trust if it allows for changes to beneficiaries. It is important to consult with an attorney for specific legal advice in this situation.
Does the estate include assets that are deemed transferred via a grantor trust whereby both the decedent and surviving spouse are the grantors?
No. Assets that were transferred to a valid trust are not included in the estate of the decedent.
What are the rights of the heirs to see the will or trust of their deceased parent when the surviving spouse refuses to allow them access?
They can file a petition in the probate court requesting a copy of the will.
What if the surviving spouse signed the grant deed to the defunct spouse for the purpose of refinancing while he was alive now that he died can she claim the equity through a living trust?
If she was on the family Trust but the property was not recorded with the county of records, and title is only on his name when he died then she may have to go to probate court.
Are you entitled to a lump sum for the upkeep of your daughter following her fathers death?
Generally, no. However, she may be entitled to an inheritance, and if she is a minor, her surviving spouse may hold that inheritance in trust for her.
Whatpart of the estate is a wife entitled to?
It depends if there is a will or trust involved. If a spouse dies the other spouse usually gets everything unless the family home or other items have been intrusted or willed.AnswerSee the related question link below for the laws of intestacy for your state. The laws of intestacy determine a surviving spouse's share of an estate. Generally, even if the surviving spouse is disinherited by will, they can claim a share under the doctrine of election. That share is generally equal to the share they would receive if the decedent had died intestate.
In California can a spouse revoke a revokable living trust without the other knowing?
No, it is not possible for a spouse to revoke a revocable living trust without the other spouse knowing in California. Both spouses typically have rights and responsibilities in managing community property, including property held in a revocable living trust. Any changes made to the trust would likely require the knowledge and consent of both spouses.
