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All beneficiaries of Trust have the right to payment as set forth in the document of the trust. It is mandatory for trustee's and author's to make sure that the beneficiary receives whatever payment is legally supposed to be given to the beneficiary. Beneficiary has the right to receive all profits.
All trusts are required to contain at least the following elements:Trusts must identify the grantor, trustee and beneficiary. The grantor and trustee must be identified because they are parties to the contract.The trust res must be identified.The trust must contain the signature of both the grantor and the trustee.
Testamentary Trusts are taxed as a whole, though beneficiaries will not be forced to pay taxes on distributions from the Trust. Note that you could be responsible for the capital gains tax, depending on your state.
A remainder beneficiary is a person who is entitled to receive principal when the income interest in a trust ends. This typically means that the income from a trust goes to one or more income beneficiaries, either for a fixed period of time or until a future event (such as their deaths).
One of the drawbacks of a testamentary trust is the considerable responsibility it puts on the trustee. He must meet regularly with the probate court to demonstrate his safe handling of the trust, and depending on your wishes, his tasks may go on for many years.
Another advantage of a testamentary trust is that it can be funded with life insurance proceeds after death. To do this, the settlor must list the beneficiary of the life insurance policy as the trustee of the trust. Then, once the settlor dies, the life insurance policy will pay out into the trust.
A testamentary trust is a trust contained in a last will and testament. It provides for the distribution of all or part of an estate and often proceeds from a life insurance policy held on the person establishing the trust. There may be more than one testamentary trust per will.
Testamentary trusts are discretionary trusts established in Wills, that allow the trustees of each trust to decide, from time to time, which of the nominated beneficiaries (if any) may receive the benefit of the distributions from that trust for any given period.
If you're a remainder beneficiary, meaning that your rights aren't vested yet, but they'll come into place a current beneficiary passes away. Then you may be entitled to an accounting. But you're not entitled to an accounting as a matter of right. It'll be up to the discretion of the California Probate Court.
Living trusts and testamentary trustsA living trust (sometimes called an inter vivos trust) is one created by the grantor during his or her lifetime, while a testamentary trust is a trust created by the grantor's will.