Texas Trustee's Deed and Assignment for Distribution by Testamentary Trustee to Trust Beneficiaries

State:
Multi-State
Control #:
US-OG-318
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the events giving rise to the termination of the Trust have occurred. Pursuant to the terms of a Will, Grantor executes this Deed and Assignment for the purposes of distributing to the beneficiaries of a Testamentary Trust, all rights, title, and interests in the Properties held in the name of that Trust, and all Properties owned by the Estate of the deceased, and the Testamentary Trust created under the Will of the deceased.

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FAQ

Beneficiaries of a trust typically pay taxes on distributions they receive from the trust's income. However, they are not subject to taxes on distributions from the trust's principal.

The beneficiary is usually the trustee of their own trust, but a third party can be appointed in place or or as a joint trustee if necessary. This might include when the beneficiary is looking down the barrel of bankruptcy, there are marriage problems or there is limited capacity to manage ones own finances.

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.

Stocks and bonds can be transferred from the trust into the beneficiary's brokerage accounts. Beneficiaries typically have to pay taxes on trust income, except for distributions from the trust's principle.

Outright Trust Distributions They consist of the trustee releasing each beneficiary's inheritance without any restrictions. Outright distributions can either be made as a single lump sum, or periodically. Prior to making outright trust distributions, the trustee will need to pay the trust's debts and taxes.

The fiduciary must be under a duty to distribute the income currently even if, as a matter of practical necessity, the income is not distributed until after the close of the trust's taxable year.

The trustee can transfer real estate to the beneficiary by having a new deed written up or selling the property and giving them the money, writing them a check or giving them cash.

When property is ?held in trust,? there is a divided ownership of the property, ?generally with the trustee holding legal title and the beneficiary holding equitable title.? The trust itself owns nothing because it is not an entity capable of owning property.

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Texas Trustee's Deed and Assignment for Distribution by Testamentary Trustee to Trust Beneficiaries