Living Trust Questions Archives - Page 7 of 13

How Do I Begin a Probate Case After the Death of a Friend or Family Member?

January 20, 2012 by Standard Legal

Each county in every USA state typically has its own Probate Court, and typically that court has an application to initiate a Probate Court proceeding. But each court can call this application or form something slightly different. Simply call the Probate Court in your local county and ask the Clerk for the form to initiate … Read more

What Happens to Family Property Not Listed in a Trust if No Will Exists?

November 17, 2011 by Standard Legal

If property is not properly transferred to a Living Trust (known as “funding” the trust), then the property must be administrated by a probate court in order to be property distributed to the heirs.

How Do I Obtain Detailed Information About a Family Trust After the Death of a Parent?

November 9, 2011 by Standard Legal

Information regarding a Trust typically can be obtained from the person named as Trustee — but the Trust document may prevent disclosure of the terms of the Trust if the person making the inquiry is not a named beneficiary.

Can a Soon-to-be-Ex-Spouse Gain Access to Assets in a Trust in Which I Am a Beneficiary?

October 31, 2011 by Standard Legal

Generally, if a Trust is a Revocable Trust and the grantor(s) is (are) still alive, then the property in the Trust (i.e., owned by the Trust) remains Trust property until the stated action within the Trust calls for distribution.

Can a Last Will Dictate How Distributed Money from an Estate is to be Used by a Beneficiary?

October 4, 2011 by Standard Legal

Typically, a Last Will and Testament cannot be used to control the future use of an asset (including cash) once it has been distributed.

Usually, a Will can only designate the amount (or percentage) of the estate and name the beneficiary or beneficiaries.

What Process Must Be Followed for Grantors to Sell Real Estate in a Trust?

September 1, 2011 by Standard Legal

The terms contained within the Living Trust document should be reviewed carefully to ensure any asset sales processes outlined within are followed.

After that, the process for selling real estate from a Trust is fairly straight-forward.

How Do Beneficiaries Change the Deed of a Property Intended for a Trust That Was Not Transferred Before Our Father’s Death?

June 8, 2011 by Standard Legal

A property ‘intended’ to be included in a Living Trust cannot be considered part of the Trust. Instead, a probate case may need to be open so that the probate court can issue an order transferring title to the property per state law.

Through a Will or Trust After My Death, Can I Designate Custody of My Child to Someone Besides My Ex-Spouse?

May 16, 2011 by Standard Legal

Theoretically yes, one could use estate planning documents to designate child custody to someone besides a biological parent.

But the other parent certainly could contest guardianship after the death of the Will/Trust-creating parent, even if sole custody was granted in a divorce — regardless of the stated instructions in those documents.

In a Last Will and Testament or Similar Legal Documents, Must I Designate Bloodline Children Differently from a Step Child?

January 21, 2020April 12, 2011 by Standard Legal

For clarity purposes, when listing blood-related children and step-children within a Last Will and Testament, Living Will or Living Trust, it is suggested that all children be specifically listed in the document by name and then referred to as “my children”. No designation past that is required.

What is the Process to Change the Beneficiaries Within a Living Trust?

April 6, 2011 by Standard Legal

Generally, a written amendment can be made to a Trust while the Donor(s) are alive to revise the beneficiaries or the distributions to those beneficiaries. But if the Donor(s) have passed away, that option no longer exists.