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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.
The trust can pay out a lump sum or percentage of the funds, make incremental payments throughout the years, or even make distributions based on the trustee's assessments. Whatever the grantor decides, their distribution method must be included in the trust agreement drawn up when they first set up the trust.
Bank accounts, retirement accounts, and life insurance will automatically transfer an inheritance if beneficiaries are designated. Listing beneficiaries on these accounts can be the easiest and quickest way to transfer those assets outside probate court.
A good first step for the beneficiary is to meet with the trustee who is tasked with executing the terms of the trust. It may be an individual, such as a CPA or lawyer, family member, or potentially a corporate trustee such as Wells Fargo Bank.
As previously mentioned, trustees generally cannot withhold money from a beneficiary for no reason or indefinitely. Similarly, trustees cannot withdraw money from a trust to benefit themselves, even if the trustee is also a beneficiary.
A 120-day Trust Letter (AKA Notification by Trustee pursuant to Probate Code 16061.7) is a document that is issued by a trustee to notify all beneficiaries of the trust and any other heirs of the deceased Settlor(s) that the trust is now irrevocable and of their right to file a claim against the trust within 120 days ...
When a trust beneficiary receives a distribution from the trust's principal balance, he does not have to pay taxes on it, the reason being the Internal Revenue Service (IRS) assumes this money was already taxed before it was placed into the trust.
Typically, beneficiaries of a standard revocable trust can anticipate their inheritance distribution within a 12 to 18-month window. However, this duration can vary based on the trust's intricacies and any potential challenges faced during administration.