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7 Cards in this Set
- Front
- Back
How is a trust created
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1. declaration that the owner holds the prop. as trustee for another person
2. inter vivos transfer of the prop. to another person as trustee for the transferor or a third person 3. testamentary transfer to another person as trustee for a third person 4. an appointment under power of appointment to another person as trustee for the donee of the power or for a third person 5. a promise to another person whose rights under the promise are to be held in trust for a third person. A trust is created only of the settlor manifests an intention to create a trust |
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Revocable trust
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settlor retains control of all the assets, free to revoke or change the terms of the trust
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Irrevocable trust
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assets no longer belong to the settlor, cannot make changes without the beneficiary's consent.
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Trust property
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trust cannot be created unless there is trust prop.
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Who does the lawyer rep.?
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Not the estate, the admin. or executor of the estate.
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Exculpatory Clause
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Relieve fid. from personal liab for wrong doing/ breach of fid. duty
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Crummney Trust
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Allow for S to put money in trust without being taxed. B can get the funds at a certain age.
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