Pls Define the difference between a SPENDTHRIFT PROVISION (within an irrevocable trust) and a SPENDTHRIFT TRUST? Same thing?
Elizabeth's answer
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Answered on February 24, 2015
A trust generally will not be treated as a spendthrift trust unless the trust agreement contains language showing that the creator intended the...
What is statute of limitations in NY on a trust fund's fiduciary stealing a trust fund established in 1978 but just discovered?
Elizabeth's answer
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Answered on February 24, 2015
A few questions for you...is the Trust still in existence and if so is your uncle the Trustee of the Trust. I ask because for example only in ...
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How does a beneficiary of a trust gain access to funds when the executor and trustee have yet to be sworn into their roles?
Elizabeth's answer
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Answered on February 11, 2015
Regarding the potential hold up, f the Trust is being funded after death, the probate estate is simply being "poured over" into the trust, and ...
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I am executor and trustee of my fathers trust. Can I charge fees? His trust was in Arizona and I live in California
Elizabeth's answer
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Answered on February 11, 2015
If the terms of the trust do not specify the trustee's compensation, the trustee is entitled to receive from the assets of the trust compensation...
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I believe that my sibling has caused a breach of trust. The trust is irrevocable. Must I wait 60 days to sue him?
Elizabeth's answer
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Answered on February 11, 2015
The terms of the Trust will determine how the properties are to be maintained or distributed upon the death of the Grantor/Maker of the Trust and...
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Are there any circumstances in which an irrevocable trust can be amended?
Elizabeth's answer
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Answered on February 04, 2015
Chances are you will not be able to do remove one of the beneficiaries. While an irrevocable trust is not impervious to attack, the intent of the...
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How do I take possession of my life estate my grandmother left me in her trust?
Elizabeth's answer
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Answered on February 03, 2015
Contact the lawyer who drafted the Trust, if you know, with your concerns of possible manipulation and breach of fiduciary duty by the Trustee,...
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Appointed as successor executor of my uncle's will. Can I be reimbursed for any expenses incurred in accepting this position.
Elizabeth's answer
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Answered on February 03, 2015
The will may set forth the compensation to which you are entitled and if it does not then many states either provide a fixed schedule of fees or...
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Is a beneficiary of will and trust entitled to disclosure of assets to be divided?
Elizabeth's answer
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Answered on January 27, 2015
The executor is obliged to notify the beneficiary named within the will, and to provide the beneficiary with information regarding what the...
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My brother's attorney has included the phrase "Reasonable Manner" in a settlement agreed. What does it mean?
Elizabeth's answer
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Answered on January 26, 2015
Reasonable - Black’s Law Dictionary gives as a definition “Fair, proper, or moderate under the circumstances.” Nothing surprising about that, but...
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