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How to Fix an Irrevocable Trust That Doesn’t Stand the Test of Time
Trusts typically are structured to provide for the best interests of the beneficiaries. The settlor may have had the best intentions when establishing the trust, but a trust created by a great-grandparent more than seven decades ago for the benefit of their great-grandchild might include provisions that prove impractical or unviable when it comes time to administer the trust for the great-grandchild’s benefit. Is there a way to remedy an outdated irrevocable trust? Under certain circumstances, yes. […]
Category: Trusts Tags:
Probate of Real Estate in North Carolina
Real property poses unique set of considerations in the context of estate or trust administration. To understand more about how a personal representative oversees the management and distribution of real property during estate and/or trust administration, take a closer look at some variables that affect property distribution. […]
Category: Real Property Tags: Probate, Administration, real estate, Trusts, Living Trusts
Terminating a Trust in North Carolina
Revocable and irrevocable trusts follow unique termination procedures. Although their name implies they cannot be changed, irrevocable trusts may be modified in certain circumstances. The circumstances surrounding a trust termination, and the type of trust, help to determine how a trustee may handle termination. […]
Category: Trusts Tags: Beneficiaries, Asset Protection, Administration
Types of Trust Beneficiaries
Primary, contingent and remainder trust beneficiaries have different rights as beneficiaries. Who has the right to bring a claim against the trustee of a revocable living trust? […]
Category: Trusts Tags: Beneficiaries, Trustee, Administration, Living Trusts
Rights of Trust Beneficiaries
Trust beneficiaries have legal rights detailed in the trust documents and governed by state and federal trust code. If problems have resulted from a negligent trustee, or the trustee fails to adequately address issues brought to his or her attention by the beneficiary, it might be time for the beneficiary to reach out to a trust attorney and, potentially, the courts for corrective action. […]
Category: Trusts Tags: Beneficiaries, Trustee, trust protectors, distribution
Why an Executor Might Need Probate Counsel in North Carolina
An executor's knowledge of state and federal legislation pertaining to estate administration might be limited. This limited knowledge poses a risk of errors. […]
Category: Probate Tags: intestacy, Beneficiaries, inheritance, Estate Tax, Tax Attorney
Remarriages and Inheritances in North Carolina
Individuals in North Carolina who have married more than once might have estate planning issues they are not aware of. Whether one has remarried following a spouse’s death or divorce, one should take time to review existing estate planning documents. […]
Category: Estate Planning Tags: Marriage, Divorce, inheritance, Trusts, elective share
Dave Ramsey Might be Misinformed About Living Trusts
Financial guru Dave Ramsey shares advice regarding managing debt and finances with millions of people. However, one of his books makes a broad statement about living trusts that is not entirely true. […]
Category: Living Trusts Tags: Probate, Wills, Trustee, Estate Planning, Trusts
Estate Planning for Multiple Homes
Families may consider ownership of multiple properties for different reasons. Some folks prefer to have an extra property closer to family, for professional purposes, for leisure, or as an investment. While owning multiple properties may accomplish one or more of these goals, acquiring additional property can cause liability issues, tax complications, and probate concerns. […]
Category: Estate Planning Tags: Real Property, Probate, Title, Estate Planning Attorney, Asset Protection
Asset Protection Failures
Accumulating assets takes time and effort; protecting assets properly requires both as well. Here are various factors that could ruin a plan and risk asset loss. […]
Category: Asset Protection Tags: Estate Planning, Gift Tax, Estate Planning Attorney
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