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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116817
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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What does it mean when stated in a Trust document that the

Customer Question

What does it mean when stated in a Trust document that the share of a beneficiary shall be distributed free of trust?
Submitted: 7 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 7 years ago.
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.

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Customer: replied 7 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.


Expert:  Law Educator, Esq. replied 7 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.
Customer: replied 7 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)?
Expert:  Law Educator, Esq. replied 7 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.

Customer: replied 7 years ago.
She obtained an attorney unnecessarily and is trying to have me pay for the entire bill.
Expert:  Law Educator, Esq. replied 7 years ago.
You have more than enough grounds to dispute paying the full charge, although the court would likely make you share the fee.