If you look at a Trust document created by a husband and wife, you will often see there are various sub-Trusts created after the first spouse dies. The purpose of these sub-Trusts is to divide up the assets, sometimes for tax purposes and sometimes for protection purposes. For example, when families have children from different […]
There are times when beneficiaries say that their trustee is claiming that the beneficiaries are harassing them. Whether it is harassment really depends on what the beneficiary is doing. If the beneficiary is asking for reasonable information such as accounting information and copies of trust financial records, none of that is harassment. Still, I’ve seen trustees […]
Let’s start with the uses of Trusts before we tear them apart discussing the abuses in this series. A trust is a legal fiction. Much like corporations, a Trust is viewed through the eyes of the law as a separate, independent legal creation. But unlike corporations, Trusts can only act through the Trustee. Process of […]
Trusts Wouldn’t it be nice to combine the best features of joint tenancy with a Will? That’s where Trusts come into play. Trusts are now one of the most widely used devices to transfer assets from parent to child. Over the course of this series you are going to learn how Trusts are used, and […]
There are times when people want their home kept in the family forever. Can Trust beneficiaries keep the home for mutual use instead of selling it? The Trustee and Beneficiaries must first check the terms of the Trust document. If there are no restrictions stated in the Trust pertaining to selling the home, the Trustee […]
If you want to understand Trusts, you need to have a solid grasp on the terminology. One of the first things a person needs to understand about Trusts is the difference between a Trustee and a Trust beneficiary. When a Trust is created, it becomes its own legal entity. A Trust can only operate through […]
If you are filing a lawsuit pertaining to an inheritance under a Trust or Will in California there are deadlines that must be followed. These deadlines are called statutes of limitation. A statute is a written law passed by the legislature. A statute of limitations is a law prescribing a time deadline for bringing each […]
How long should you wait for a Trust accounting? After the Trust creators (also called “Settlors”) pass away, beneficiaries can expect to wait between six months to one year for an accounting from the Trustee. The time frame depends on the nature of the assets and the terms of the Trust. A Trust accounting is […]
Some Trustees ask beneficiaries to sign a waiver of accounting before making Trust distributions. Occasionally, if there are multiple beneficiaries, some of the beneficiaries may be happy to waive a formal accounting, while one beneficiary refuses. What happens if one of the beneficiaries refuses to sign a waiver of accounting? If one beneficiary refuses to […]
When a Trust is created, the Trust creator (the “Grantor” or “Settlor”) needs to transfer all property into the name of the Trust. For example, if the grantor owns a house, the grantor must record a deed transferring legal ownership of the house into the Trust. What if the Trust is created but the property […]
