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EQUALIZING A TRUST WITH GIFTS AND BENEFICIARY MANIPULATION

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LdiJ

Senior Member
Here is an example of how it could go wrong for the beneficiary. Lets say that the trust documents states that the beneficiary who is to get the asset, MUST pay in enough money to the trust to "buy" the value of the asset that is above the 1/3 split. In that instance the trustee can and should refuse to distribute anything at all to that beneficiary until he or she does what they are required to do. Therefore they cannot take ownership at all until they do so.
 


t74

Member
I suggest you look at Martindale Hubble ratings to get some idea of the reputation of the attorney who created the original estate plan and then decide on whether to seek another attorney's opinion.

From personal experience I know that the quality of attorneys varies greatly. We thought we had done the right thing when we had our first will created. Years later our will was rewritten by a well known law school's expert on wills, estates, and trusts who told us our original will was a case study in what should NOT have been done. I have become skeptical even now when a child is an attorney - unfortunately with a different specialty who never practices outside their area of expertise.
 

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