A trust is the legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to that property. The beneficiary is entitled to the performance of certain duties and the exercise of certain powers by the trustee, which performance may be enforced by a court of equity. This form is an example of a trust that is subject to direct court oversight since the initial trust funds resulted from a civil judgment in favor of a minor.
Montana Trust Agreement for Funds for Recovery of Judgment for Minor
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How to fill out Trust Agreement For Funds For Recovery Of Judgment For Minor?
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Collection of Personal Property by Affidavit ? This procedure may be initiated 30 days after a person dies, if the value of the entire estate (less liens and encumbrances) does not exceed $50,000.
Montana law requires that a testator have ?testamentary capacity.? This means that the testator must have been at least 18 years old and must have been ?of sound mind? at the time that they made the will. In other words, the testator must not have been suffering from a mental incapacity.
Testamentary capacity refers to the ability of a person to make a valid will. Most states have both an age requirement (usually 18 years old) and a mental capacity requirement.
A trust indenture is held by a company who owns many small parcels of land and, in the interest of allowing banks to foreclose, the trust indenture is a promissory note and is a legal document that cannot be held by the company itself, but by an individual person or couple.
Under common law, testamentary capacity requires the person to have the following abil- ities: (1) know the nature and extent of their property; (2) know the natural objects of their bounty; (3) understand how the will disposes of their property; and (4) demonstrate the ability to make a rational plan as to the ...
Testamentary capacity requires only a narrow analysis whereas contractual capacity requires a more in-depth analysis into a person's mental state and understanding. It is important to note that capacity is examined at the time when the person drafted and executed the document.