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if there are situations in which that is useful, kindly name one. all you have implied so far is that it is a good option because not all states have onerous probate processes like california
to me that is like saying that no one wants to go to hell. but staying a few months in purgatory is...
never did i ridicule the op for using the word maintain
i simply asked him what needed to be maintained
the answer is NOTHING
if the trust is being "continued" or "maintained" - then the will that is creating the trust is being "continued" or "maintained"
game, point, and match to mr. trust...
when someone tells me something needs to be maintained, i want to know what that something is
and all of your silliness about me not knowing english goes right out the window
my logic has you in a vise so strong that you can barely breathe
so now for the 6th time, what needs to be done with...
all you have told me so far is that time elapses while the trust is in effect.
well i can tell you that the exact same amount of time has elapsed for the will that is creating the trust
the reason you cant give me an answer is because there isnt one
and you are too stubborn to admit it
there...
i am also fully aware that california is much more onerous than most states, regarding probate. but why would anyone want to go through any probate process at all, when it is unnecessary ?
you see, there is at least something that needs to be done that one could avoid. it is simply more...
i am asking this question for a very good reason.
will lawyers like to make their clients think that a trust is some big monstrosity that takes a lot of time to maintain
and i maintain that there is nothing to do !!
so now i ask again, for the third or 4th time - what is there to maintain...
perhaps you should answer my question, and explain to me what needs to be maintained
again, does it need an oil change or new spark plugs ?
my question is perfectly legitimate. when the comment is made that the trust needs to be maintained, i would like to know what that maintenance is ?
i havent missed that fact. there is nothing to talk about it. when the spouse dies plays no part at all in this discussion. that is what i am asking you to provide. what is different about the fact that the spouse died 5 years ago ? 10 years ago ? or yesterday ?
how does the timing of the...
the entire world of possibilities ?? the only difference in this situation is whether a trust is being created beforehand or through a will. so i find your statement about giving their clients the best plans to meet their needs a non-sequitor.
writing and maintaining multiple trusts ?
if we are comparing apples to apples, whatever you would write into a stand-alone trust WOULD BE EXACTLY THE SAME as what would be written into a will - if you are getting the same end product
and we are not talking about multiple trusts. there is 1...
hi arkayem,
as far as your attorneys are concerned, i would like to get a clarification. in your first post, you stated that your wife's will created a trust ?
i wanted to verify that this is really true.
if so, then my opinion of your attorney goes way down hill. there is no reason in the...
other than louisiana (which i dont even try to understand), trust laws are fairly similar from state to state
and i am referring to an extremely general concept, not some specific thing that some state may change
so unless there is something about texas state law that is quite different from...
just reading what you typed simply confirms what i already thought - the beneficiary has way too much leeway, to consider it a trust, in any real sense of the word - ASSUMING you ever get challenged by it
the bottom line is that when the beneficiary has too much say so, then those funds will be considered to be his own personal funds, as opposed to trust funds
meaning that a creditor can attach to them, in the same way that he would be able to attach to the rest of your wealth
i am fairly...
being that a trust is regulated by the state, i suppose so - in a very general way
from what i can see though, you seem to have an almost unlimited ability to do whatever you want
at least from the way that you are describing it
if you dont get into any trouble, there is probably no one who...
even if the trustee is not a beneficiary, you can run into problems. just depending on what the trustee is allowed to be discretionary about, and to what extent
you are right - i am taking no chances - LOL
once again, i am gonna point out
if there was ever a legal battle, i do not think that this would be considered a trust
and would receive no trust protection
and i am more than happy to battle you on this point, if you think differently
once a beneficiary has much control over the funds, the...
okay, i will buy that
i did not mean to even argue that point
i write up all my trusts to distribute the income each year (cuz i dont want the income to stay in the trust and pay trust rates, if for no other reason)
so i have never encountered the situation of distributing all the income, but...
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