Trust Incontestable Uncollected Withdrawal
Description
How to fill out California Living Trust For Individual, Who Is Single, Divorced Or Widow (or Widower) With Children?
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FAQ
Instead, in most cases, an irrevocable trust can only be dissolved by court order. The details of dissolving an irrevocable trust differ widely between states and jurisdictions. However, typically you will need to get approval from the trust's beneficiaries and potentially its trustees as well.
The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.
The Trustee simply transfers all assets to the beneficiary. Distribution is also fairly easy if the trust document identifies all assets and specific amounts to be paid to each beneficiary. Distributions by percentages are a little more complicated as the Trustee should first establish the estate's fair market value.
Some trusts are designed so that the assets in the trust are protected for the beneficiary from things such as a potential divorce, creditors, lawsuits, bankruptcy, etc. These assets do not become marital property with the beneficiary's spouse and they are protected from any personal liabilities of the beneficiary.