Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

What does it mean when stated in a Trust document that the

Customer Question
share of a beneficiary shall...
What does it mean when stated in a Trust document that the share of a beneficiary shall be distributed free of trust?
Submitted: 8 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 18 minutes by:
10/27/2009
Estate Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 121,084
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
What this means is that upon death the entire distribution of the bequest to the beneficiary would be made to that beneficiary and the trust nor the trustee will control the bequest. This is similar to a will provision, upon death, the property/money goes in its entirety to the beneficiary and is not parsed out and controlled by the trust.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Use of this service does not create any attorney client relationship. Any information provided is not the practice of law but intended to direct you in finding an attorney in your locale.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”


Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 121,084
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
Law Educator, Esq. and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago

Does this apply no matter what the amount of the trust assets are and if my sister and I were named as Successor Co-Trustees(as the need may occur). And am I correct in saying that a revocable Trust becomes irrevocable upon the death of the last settlor?

So, there would have been no need to continue theTrust, according to the answer you gave for the first question? I will be attaching a $25 bonus of thre extra questions.

 

Estate Lawyer: Law Educator, Esq., Attorney replied 8 years ago
The revocable trust DOES become irrevocable at the death of the settlor, you are correct. The trust says distribution would be made free of the trust, so that means the bequests would be given out in their entirety and the trust would be closed.
Ask Your Own Estate Law Question
Customer reply replied 8 years ago
Is there any recourse if that is not the way it was handled and my sibling is trying to deduct money from my half of the bequest? Everything was supposed to split 50/50 and woudl it be considered contesting the will(POUR OVER)?
Estate Lawyer: Law Educator, Esq., Attorney replied 8 years ago

It all depends on why she is trying to deduct money, if there were expenses of the estate then those expenses should be shared between the beneficiaries.

Ask Your Own Estate Law Question
Customer reply replied 8 years ago
She obtained an attorney unnecessarily and is trying to have me pay for the entire bill.
Estate Lawyer: Law Educator, Esq., Attorney replied 8 years ago
You have more than enough grounds to dispute paying the full charge, although the court would likely make you share the fee.
Ask Your Own Estate Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 121,084
121,084 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If there is sale of property in an estate, is the allocation
If there is sale of property in an estate, is the allocation of funds up to the executors or all the heirs?… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Is the executor of an estate responsible for deceased's
Hello,Is the executor of an estate responsible for deceased's credit card debt . Deceased had no property and no car just a few certificates of deposit she left to her daughter who is the wife of the … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an executrix of an estate. We are selling Real Estate.
I am an executrix of an estate. We are selling Real Estate. I was notified that in order to get Title Insurance the insurance company needs me to fill our a questionnaire. They are asking if Fed/State… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Are you an estate lawyer? Mother and father divorced. Fathet
Are you an estate lawyer? Mother and father divorced. Fathet signed house share of the house to ex wife under rights of survivorship which is indicated on deed. … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
The question regards to an estate if there was a will naming
Hi the question regards ***** ***** estate if there was a will naming 2 family members each get 50% of the bank accounts normally how long does it take to transfer the assets?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I"m an executor of an estate that has designated real estate
Hello - I"m an executor of an estate that has designated real estate to be inherited by a relative. There is no mortgage associated with the property.The issue is that the estate, without the property… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
This is regarding an ESTATE if the named beneficiary (who is
this is regarding an ESTATE if the named beneficiary (who is not in the will), they have to turn over the 401k assets from the deceased to be dispursed according to the will?? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Mother and father were both onthe trust estate and
Mother and father were both onthe trust estate and insurance. Dad passed away but lately mother applied for a home damage claim with the home insurance company and mother thought they knew father had … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Can a representative of an estate keep jewelry from the
Can a representative of an estate keep jewelry from the estate? Also, if there is a pour over will isn't everything not in the will suppose to go to the trust? … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I have more estate issue: right to occupancy vs. life estate
I have more estate issue: right to occupancy vs. life estate and what it means if a tenant is renting outside the primary residence. The deed is set up 50% trustee (me) and 50% stepmom's trust. Trust … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
I guess - provide an answer. iowa, pour over wills; trust
pour over wills; trust documents; a lot of correspondence with trustees and attorneys; court proceedings … read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
My brother became Trustee of my father's estate and Trust
My brother became Trustee of my father's estate and Trust upon my father's … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Grandfather set up trust for life of wife, with pour over to
Grandfather set up trust for life of wife, with pour over to daughter in Trust to terminate with grandchildren. Cost basis 50 years ago was about $150,000. Today the Trust assets are worth about $3.5 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Do you have a form for a pour over will, nebraska, i have a
i have a revocable trust that was made when my husband died, but it is 18 years old and people are telling me i need the poour over will … read more
KLAW
KLAW
Juris Doctorate
1,763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x