When Should Trust Distribute To Beneficiary

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America's Estate Planning Lawyers

America's Estate Planning Lawyers

3 жыл бұрын

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When you give or bequeath money to an heir, you can do it in one of two ways: either outright or in trust. If you leave an inheritance to an heir in trust, you have a decision to make regarding when the beneficiary receives distributions, and when the trust terminates - requiring the trustee to transfer trust assets to the principal beneficiary.
There are an unlimited number of options when deciding on how distributions will be made to a trust beneficiary. You can provide for distributions or a trust termination based on a certain age, or a certain date, or in stages at different intervals.
You can provide for distributions based on the occurrence of a certain event, or completely at the trustee's discretion.
You can also provide that the trust shall last for the lifetime of the beneficiary, or you can have incentive based provisions that provide that distributions are based on the beneficiary achieving certain conditions.
You could make distributions authorized for a specific purpose, such as buying a home or starting a business. Or you could also provide that the beneficiary would get a set monthly or annual amount until the trust runs out of resources.
For prospective law firm clients who want to schedule a free 30 minute initial phone call with Paul Rabalais, go to: go.oncehub.com/Paul8
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney

Пікірлер: 89
@keariewashburn4680
@keariewashburn4680 Жыл бұрын
Well at 56, I have medical conditions that stopped my full on nursing. I can perform as much physically and mentally. I'm on disability. I live with parents and I take care of the home and them when needed ect. But, I would really improve my well being if I didn't live with them and have my own place again. But, they, I believe want me to stay because of the chores and care I do. I would like to have a life of my own again. They helped my brother attain rental properties and he has benefits early. Idk. It's their money and they should do for themselves first. But, I sure would like to have my own place not far away so I can still care for them. It's like being alive and not really living. Also, I guess it feels " beholden " to them and it really feels crappy. I'm exhausted.
@looplu
@looplu Жыл бұрын
Does the lawyer who created the trust maintain a copy of the document?
@christopherwilson8663
@christopherwilson8663 Жыл бұрын
Thank you for this very informative video. This was very helpful and I feel much more confident as the trustee with a criminal and drug addicted beneficiary. Distribution was left at my discretion and now I understand his money can stay in the trust indefinitely but with possible partial distribution
@Morningdovecamp
@Morningdovecamp Жыл бұрын
Very helpful info. Thank you so much 👍. I am in the middle of estate planning and very much appreciate your teaching skills 👍👍
@litrealred6840
@litrealred6840 2 жыл бұрын
Thanks you! I am listening to channel, I am doing trust! You have so much! 💯🙏🏻
@dianacasco7354
@dianacasco7354 2 жыл бұрын
Great advice!!! Thanks
@SuperBullyone
@SuperBullyone 3 жыл бұрын
another excellent video. thank you.
@lailadavids
@lailadavids 3 жыл бұрын
This was a very insightful video.Got me a bit emotional too.Great lesson though.Thank you.liked and subscribed
@Erick-ry1ij
@Erick-ry1ij 5 ай бұрын
So sickening, you either wana leave the money or you dont, controlling someone’s life even past the grave is disgusting, dangling carrots like that is something i hope my kids never ever have to deal with
@troycantrell1549
@troycantrell1549 Жыл бұрын
your channel is getting me through a hard time,so many varibles and im being played
@eddiemontgomery7088
@eddiemontgomery7088 2 жыл бұрын
Wow excellent video.
@SabinaVanwyk-cx2vn
@SabinaVanwyk-cx2vn Жыл бұрын
What happens when a grantor did not assign a trust but my uncle said he is the trustee. I asked for the papers but he still did not give the proof. What can I do
@dianahope417
@dianahope417 Жыл бұрын
If you have a 401k, they have beneficiaries. Question one: what form will you need to make sure there is no probate and 401k pays out when deceased happens to you. Question two. What happens if you have beneficiaries you want to remove from your 401(k) because they are all estranged for a long time and you want to give it to a reputable charity that would appreciate it. Thank you.
@ahbushnell1
@ahbushnell1 3 жыл бұрын
I would like to hear about non-grantor trust that says the beneficiary can get income. Can the income include capital gains? That would be a good topic. (at least for me)
@phillipreaves2855
@phillipreaves2855 3 жыл бұрын
What happens if you use up all of your estate exclusion allowance in your life time?
@jvolstad
@jvolstad 8 ай бұрын
I am a co-trustee of a spendthrift trust that Mom left for a sibling. What a nightmare. Fortunately, we are in the process of closing out the trust after seven years.
@torycook1215
@torycook1215 3 жыл бұрын
Do my two granddaughters need a separate Grandchildren's Trust or can they be named to receive a set cash amount in my Revocable Living Trust along with my two adult children,?
@nidasalvador9705
@nidasalvador9705 Жыл бұрын
I hope I get like that
@charmimu
@charmimu 3 жыл бұрын
What happens if my trust administrator such as law firm handles this and go out of practice? Will the trust be transferred to court appointed rep?
@commercialand
@commercialand Жыл бұрын
My wife's father passed away about a year ago leaving her and her 3 bothers with a bunch of properties and quite a bit of money. My wife is not very savvy with understanding the process, nor am I. But we would like to know since she is a beneficiary of the Irrevocable Trust, is she entitled to a copy of it, and any other documentation that would help us understand our rights. We kind of feel left in the dark, and as the In law, I was not at any of the meetings to understand the process, nor am I on the Trust. What would be the best way for us to ask my brother in law if she is entitled to a copy of the Trust/Will, without sounding like we are accusing him of something. We both fully trust him, but we just want to know our rights, if any are explained on the Trust?
@jimmoravec1326
@jimmoravec1326 Жыл бұрын
Of course your wife is should get a copy of the trust document without having to ask. The trust could have been amended and you would get a copy of that as well. You should also get some death certificates. All the information that pertains to the trust your wife has the right to receive.
@jimmoravec1326
@jimmoravec1326 Жыл бұрын
I left out some very important advice and that you do not want to sign anything put in front of your without legal representation. You could end up signing a document to wave your rights to see information regarding the trust. There are so many things to be cautious of from the people you have trust in. Things may have been just great before the principal passed away but now is when you need to be on your toes and trust Nobody. If you don’t hire an attorney you will get shorted on things you didn’t even know existed
@commercialand
@commercialand Жыл бұрын
@@jimmoravec1326 my wife said she got together with her brothers and singed something a few months after her sad passed away.. She probably already waved her rights to her brother's who are co-executives. And as the husband, I'm not on the Trust. My wife also spent a couple thousand out of Trust, but her brother made us pay it back. If we are not supposed to touch this irrevocable trust, then how was she able to take money out in the first place?
@commercialand
@commercialand Жыл бұрын
@@jimmoravec1326 and what's strange is how she was able to access 2k from the trust... If its irrevocable, the how could she do that? My brother in law made it sound likes it illegal to do that and asked us to pay it back.
@veronicaadona9202
@veronicaadona9202 11 ай бұрын
She should hire a state planning attorney specially if you guys have the living trust.
@user-yb5fu4dk7f
@user-yb5fu4dk7f 5 ай бұрын
Thanks for the information. Can a ROTH IRA be placed into a Trust so that those funds can be distributed to a beneficiary over the full ten years and then have the remainder stay in the in the Trust under a taxable status so the money is available throughout the beneficiary’s retirement?
@CP-zj1hx
@CP-zj1hx 2 жыл бұрын
Paul, thank you for your video. I'm a beneficiary involved with a N.Y. trust because of parents home sale. I received message from trustee stating, " 50% will go into the estate account. You (meaning trustee), will need to hold this until later in the year before making distributions. 50% will go into the trust account. You can make distributions from this right away." Why would the lawyer state this and do I have a say as too I would like the whole portion, since only being the beneficiary?
@lizg1976
@lizg1976 Жыл бұрын
Often it is because of taxes
@Jimfromearthoo7
@Jimfromearthoo7 Жыл бұрын
Can anyone please tell me . As a trustee now that the funds have been depleted . Trust ran from 2006 till 2016. How long must I keep all the paper work? Cancelled checks, receipts, annual reports. Just tons of papers in several boxes. Thank you in advance
@nightlifenursing
@nightlifenursing 3 жыл бұрын
How can I find my Trust?
@rhb30001
@rhb30001 3 жыл бұрын
Express trust pls?
@duneme
@duneme 2 жыл бұрын
Can I essentially pay for my Grandkids Retirement? I want to let compounding do some work on it and they get it at 60 years old!
@TreyRich-nw6jw
@TreyRich-nw6jw 9 ай бұрын
I'm the qualified beneficiary of my grandfathers trust. My brother is the Trustee and refuses to give me anything
@Erick-ry1ij
@Erick-ry1ij 5 ай бұрын
What have you been abel to do
@bluesbaby83
@bluesbaby83 4 ай бұрын
I have a trust! My aunty and cuz are my trustees... trust says i cant have any until i am old and cant work...my question is if i die before i get it can i make a will stating that my kids get it.....basically i dont want to die and the trusties get it....i want it to go to my kids with no terms and conditions
@susanlovesjava4961
@susanlovesjava4961 2 ай бұрын
If you have a trust with no control, obviously you didn't create it and have no control.
@ROCKCITY689.
@ROCKCITY689. 3 ай бұрын
What is the roll of the executor
@ruthaakamonica5602
@ruthaakamonica5602 2 жыл бұрын
Can a trustee change the amount designated by the decedent and put the bulk of the funds into a seoerate trust for their own child ?
@callofdutymobile1074
@callofdutymobile1074 3 жыл бұрын
If you dont wouldn't the trust get taxed at 37%?
@Gary65437
@Gary65437 3 жыл бұрын
What should you do with an IRA outside of the trust and all the beneficiaries are minors? Wait till they're 25 or something else, transfer to the parents to handle it?
@lindaalvarez8362
@lindaalvarez8362 3 жыл бұрын
Do the new nominated beneficiary still have to pay for a court processing fee for the issuance of the change of ownership certificate and fund release approval certificate ? Thanks
@jonlovett9857
@jonlovett9857 3 жыл бұрын
good question.
@egyptnz27
@egyptnz27 2 жыл бұрын
Could you help me out?
@tonjapowell9279
@tonjapowell9279 9 ай бұрын
my husband was to get a trust fund when he turned 55, but he passed away at 54. what can i do now?
@TANTHEMANFILMS
@TANTHEMANFILMS 2 жыл бұрын
going threw this hell of a mess right now..
@molanlabexm15
@molanlabexm15 2 жыл бұрын
Makes you wish dueling was legal.
@TANTHEMANFILMS
@TANTHEMANFILMS 2 жыл бұрын
@@molanlabexm15 idk.. just having it not be such a depressing stressful thing would be nice regardles..
@molanlabexm15
@molanlabexm15 2 жыл бұрын
@@TANTHEMANFILMS Buddy I know exactly how you feel. It makes me wish I had nothing coming to me or at least had no idea I was getting anything.
@melindah.9900
@melindah.9900 Ай бұрын
My son’s father has a trust set up for his children but he claims only children with his last name are beneficiaries. He and I are not married and he refuses to sign a birth certificate so our son has my last name. He claims he cannot add him without me changing his name. Is this possible? It sounds like a lie to me and another form of control and his out of control pride.
@nightlifenursing
@nightlifenursing 3 жыл бұрын
How can I find a trust?
@geminirising633
@geminirising633 3 жыл бұрын
kzbin.info/www/bejne/rnWZiHx8j7Kgjdk
@kathyf9413
@kathyf9413 Жыл бұрын
Yes helpful thank you
@FerdinandDagum
@FerdinandDagum 3 ай бұрын
Ok so my Grandpa left my kids and I a certain amount, but when I asked for a copy of the Trust the Trustee had blacked most of it out and he left me 60% or $3,000 a month only because I was receiving SSI and government assistance, but now i don't receive anything and they still won't give me all of my money. How can I change the wording in the Trust?
@susanlovesjava4961
@susanlovesjava4961 2 ай бұрын
Seriously? You didn't write the trust, it isn't yours. You can't change anything. Try being grateful for what you do have.
@jbeav3902
@jbeav3902 Жыл бұрын
Leave it to your great great great great great great grandchildren.
@ReneHenson-np5kb
@ReneHenson-np5kb 11 ай бұрын
It's the benefitionarys money.
@bigmoneybaghd8292
@bigmoneybaghd8292 3 жыл бұрын
Thank you. I'm pulling in around 950k a year as a stock advisor.
@user-ew5ry6er4j
@user-ew5ry6er4j 2 ай бұрын
Yeah, whole Lotta hidden information, hidden money and some more stuff
@roachlarry1488
@roachlarry1488 3 жыл бұрын
My sister is the executrix of my grandfather's estate and has refused to distribute my 2 acres and money that was supposed to be given to me by the age of 30 and this sunday I'll be 32. Any help? Shes blocked me on every communication avenue I know of to reach her.
@glasshalffull8625
@glasshalffull8625 3 жыл бұрын
Get a trust litigation attorney.
@molanlabexm15
@molanlabexm15 2 жыл бұрын
Good luck Larry.
@nidasalvador3996
@nidasalvador3996 Жыл бұрын
Pls pls help me to get my assets from late husband .thank u thank u
@saintknight5592
@saintknight5592 2 жыл бұрын
What if I'm a II with the same name as my father and money was left to me. How would I go about finding out if he claimed it for himself and kept it from me?
@vapeking466
@vapeking466 Жыл бұрын
Keep in mind if you use a professional company such as Charles Schwab to be the trustee and distribute the trust as stated in the trust plan will cost minimum of 2 grand a year! I'm pretty sure my father didn't understand that before he passed as he was a tight wad. This can quickly eat away at any money in the trust. The trust was also setup by a not very good lawyer so the terms are very broad and don't include details so this leaves most decisions up to the trust committee to basically choose what my father wasn't allowed to choose before death. Just doesn't seem right.
@eiba6528
@eiba6528 Ай бұрын
if the beneficiary puts the trusts money in a CD, is that money taxable?
@joanmccants7088
@joanmccants7088 2 жыл бұрын
The Fact is Not Whether Any Persons. Family Members Are On Drugs I Strongly Disagree With What Was Spoken By The Man Speaking. If My Family Screws It Up At Least It Was Theirs To Screw Up. ☑️ What things are done with Embezzled Funds People Lost Unknowingly.
@cfrease5380
@cfrease5380 Жыл бұрын
Who else saw the orb
@sierraguzman8693
@sierraguzman8693 Жыл бұрын
Can a person who is the power of attorney have access to the trust if mother of the power of attorney is disabled?
@nightlifenursing
@nightlifenursing 3 жыл бұрын
They are hiding information from me.
@geminirising633
@geminirising633 3 жыл бұрын
I’m going through the same thing
@kingrmb7915
@kingrmb7915 3 жыл бұрын
Same
@glasshalffull8625
@glasshalffull8625 3 жыл бұрын
Get an attorney and he will draw up a demand letter to have the trustee produce an accounting of the assets and supporting records as well as actions trustee has taken. Long term trusts are required to do this annually. (At least in my state)
@molanlabexm15
@molanlabexm15 2 жыл бұрын
It was 2 1/2 years before i knew what I was going to receive and its rapidly approaching 3 1/2 years with no disbursement of funds in my case. I am absolutely gutted and losing hope. Based on my experience trusts are designed to foment murder and vigilantism. Drugs? Bad with money? All that is libel and baseless opinions and it never ceases to shock me how concerned others are about money that is not theirs. My life is hanging in the balance due to a senile old coot boomer that wont leave the house to finish the process and finally get his family the money they deserve. Not only all that if a trustee is not doing right there is nothing you can do but pray they die or lawyer takes your case.
@katherineperkinsschaller357
@katherineperkinsschaller357 Жыл бұрын
Same.
@davidw7776
@davidw7776 3 жыл бұрын
We have a only son who would be the trustee and beneficiary but have concerns of a future marriage that could end up in divorce after a few years of marriage. How do you protect our hard earned assets going to a potential third party after a failed marriage?
@JasonSpr168
@JasonSpr168 3 жыл бұрын
Checkout a bloodline trust.
@richardbraida9176
@richardbraida9176 Жыл бұрын
@@JasonSpr168 Excellent advice. Thanks
@loiscarpenter4731
@loiscarpenter4731 3 жыл бұрын
E
@gregfagan38
@gregfagan38 2 жыл бұрын
What happens if a question is asked here? Does it get answered? Apparently not.
@christiewright1268
@christiewright1268 Жыл бұрын
Hold up, NO ONE SHOULD HAVE THE RIGHT TO TELL A CHILD HOW TO MANAGE THE INHERITANCE. That would have to be worse Case. My brother really does not know me, all he knows is I'm on stamps. He looks down on me, so to lead with ego is mostly likely. However, I have four business plans all ready to go and I have about five new ideas a day. I study every day. I have an idea submitted waiting for a patient. So if he rolls like this and thinks I CNT handle it, he is wrong. So that is not cool unless they have track marks or really cnt deal with life. Just saying. I'm at the start of a probate case and it's not feeling good
@michaelvan6675
@michaelvan6675 Жыл бұрын
Focus on one thing. Otherwise you’re likely to fail at many.
@rickjames6867
@rickjames6867 3 ай бұрын
I would recommend financial education. I wouldn't dream of inheriting money from my elders without it. In my opinion. One has no idea how to accept large sums, without having the ability to be their own financial advisor. With that being said. I would still seek advice from a trusted financial advisor, no matter how informed, and/ or, educated I may be on proper spending, and investing. If, and when you understand this. You will know exactly what I mean. 💙✌️
@ReneHenson-np5kb
@ReneHenson-np5kb 11 ай бұрын
That's people playing God
@zeezee7856
@zeezee7856 Жыл бұрын
Lol. You will be exposed
@rockymendizabal-zw8qc
@rockymendizabal-zw8qc Ай бұрын
Hello I have one question? What number I can call you ? Rocky
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