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Successor Trustee: A second person who can take over for the trustee if the trustee is incapable of fulfilling the duties or has died There are two kinds of living trusts: revocable and irrevocable.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
This is called a "taxable termination". In that case, the trustee is responsible for filing a GST tax return and paying the tax. On the other hand, a "taxable distribution" occurs if the trustee distributes income or principal to a grandchild before the trust terminates. [3] In that case, the beneficiary is responsible for paying the tax.
Continue reading → The post Filing a Small Estate Affidavit in Texas appeared first on SmartAsset Blog. Texas allows the heir of a person who has died without a will to avoid probate by using a ...
This is an accepted version of this page This is the latest accepted revision, reviewed on 3 January 2025. Legal declaration where a person distributes property at death "Last Will" redirects here. For the film, see Last Will (film). This article possibly contains original research. Please improve it by verifying the claims made and adding inline citations. Statements consisting only of ...
A testamentary trust provides a way for assets devolving to minor children to be protected until the children are capable of fending for themselves; [3] A testamentary trust has low upfront costs, usually only the cost of preparing the will in such a way as to address the trust, and the fees involved in dealing with the judicial system during probate.
Historically, the courts have felt it more important to uphold the rights of the putative beneficiary and to avoid the unjust enrichment of the legatee than to uphold the general rule of public policy that property must devolve by will on death. The All-Woman Supreme Court in Texas was convened to deal with the results of a secret trust. [2]
Taterea McGuire, a 32-year-old mother of four, was found shot to death in Fort Worth after she was reported missing. Her boyfriend has been arrested on suspicion of murder, according to an affidavit.