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7 Cards in this Set

  • Front
  • Back
How is a trust created
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
Revocable trust
settlor retains control of all the assets, free to revoke or change the terms of the trust
Irrevocable trust
assets no longer belong to the settlor, cannot make changes without the beneficiary's consent.
Trust property
trust cannot be created unless there is trust prop.
Who does the lawyer rep.?
Not the estate, the admin. or executor of the estate.
Exculpatory Clause
Relieve fid. from personal liab for wrong doing/ breach of fid. duty
Crummney Trust
Allow for S to put money in trust without being taxed. B can get the funds at a certain age.