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Reinstatement of a Living Trust occurs when the trust has been previously revoked or otherwise set aside or suspended by a probate court. Reinstatement means the trust is just that, reinstated, or put back into effect. This can be done by the creator of the trust or by a trustee under certaincircumstances or even by a judge.

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Q: What is a reinstatement of a Revocable Living Trust?
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Can the surviving spouse dissolve a revocable living trust for the purpose of disinheriting a beneficiary?

Yes, a survivor can dissolve a revocable living trust


What does the Revocable Living Trust provide?

A revocable living trust is very similar to a living will. The owner of money or property can determine what happens to their estate after their death.


Why would one work with a revocable trust?

Revocable trust includes many advantages. Revocable Trust's main advantage is the agreement provides flexibility and income to the living grantor.


Is a residuary trust revocable or non revocable?

A residuary trust is set forth in a Will and is non-revocable after the death of the testator. It can be amended or revoked while the testator is still living.


Difference between a Revocable Living Trust and Dynasty Trust.?

In both a revocable living trust and dynasty trust, the trust assets are managed by a trustee separate and apart from your personal assets. The primary difference is that a revocable trust can be modified or even revoked by you during your lifetime. Once a dynasty trust is created it cannot be revoked or modified by the settlor of the trust.


Do you capitalize the word trust when referring to a revocable living trust in the general sense?

No. You only need to capitalize the word "trust" or "trustees" when you are referring to the specific trust. For example: As referenced in the John Doe Revocable Living Trust. John Doe, as Trustee for the John Doe Revocable Living Trust. However, if you are simply refering to the trust, you do not need to capitalize the word trust. The above-mentioned trust contains limited authority for the trustees.


Can a person make their own revocable living trust?

Yes. If you are an expert in trust law.


Where is the form for the irrevocable trust Is the living trust the same as an irrevocable trust?

The biggest difference between the trusts is that the Living Trust is revocable and can be changed over time. For detailed information visit: http://www.ultratrust.com/revocable-trusts-vs-irrevocable-trusts.html


Is an irrevocable trust a living trust?

Yes. There are two types of trusts, living (intervivos) and testamentary. The living trust is created by a living person(called the settlor or trustor). The testamentary trust is created by the will of a deceased person. Living trusts are designated as either revocable or irrevocable depending on the authority of the settlor. If the settlor has the power to cancel or revoke the trust, it is a revocable trust. If the settlor has no power to revoke it then it is an irrevocable trust. Since the revocable/irrevocable distinction is determined by what the settlor can do while he or she is alive, the trust had to have been made during the settlor's lifetime. Hence, an irrevocable trust is a living trust. On the other hand a trust that is set forth in a person's will is revocable during the life of the testator simply by a modification of the will through a codicil. Once the testator has died that trust becomes irrevocable.


Can a property held in a Revocable Living Trust qualify for the Florida homestead exemption?

While I am not a Florida attorney, the general rule is that including property in a Revocable Living Trust does not change the ownership for purposes of a homestead exemption. Because such a trust is revocable at any time, it is still considered your property and therefore still qualifies for a homestead exemption.


After a revocable living trust has been established can additional property be transferred to it?

Yes. If the trust was properly drafted property can be transferred in and out of the trust by the trustee.


Can assets be siezed if a trustee of an revocable living trust goes bankrupt?

Probably not. The trustee and the Trust are entirely different things.