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An Inter Vivos Trust, also known as a living trust, is a legal arrangement created during a person's lifetime to manage their assets, providing flexibility and privacy in estate planning. It allows the grantor to transfer assets into the trust, which are then managed by a trustee for the benefit of designated beneficiaries, potentially avoiding probate upon the grantor's death.
Relevant Fields:
Estate planning is the proactive process of organizing and managing an individual's asset base in the event of their incapacitation or death, ensuring that their wishes are honored and beneficiaries are protected. This process involves legal documentation, tax considerations, and strategic financial planning to minimize uncertainties and maximize the value of the estate.
Concept
A trustee is an individual or organization appointed to manage assets or property for the benefit of another party, known as the beneficiary, under the terms of a trust agreement. Trustees have a fiduciary duty to act in the best interests of the beneficiaries, adhering to the specific guidelines and objectives outlined in the trust document.
Concept
A grantor is an individual or entity that creates a trust by transferring assets to a trustee for the benefit of designated beneficiaries. The grantor retains certain rights and responsibilities, such as the ability to modify or revoke the trust, depending on the type of trust established.
A beneficiary is an individual or entity designated to receive benefits or assets from a trust, will, insurance policy, or other financial arrangement. Their role is crucial in estate planning and financial management, ensuring that the specified assets are distributed according to the benefactor's wishes.
Concept
Probate is the legal process through which a deceased person's will is validated, and their estate is administered according to their wishes or state law if no will exists. It involves identifying and inventorying the deceased's assets, paying debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries.
Asset management involves the systematic process of developing, operating, maintaining, and selling assets in a cost-effective manner. It aims to maximize the value of an investment portfolio over time while managing risk and ensuring compliance with financial regulations.
A revocable trust is a flexible estate planning tool that allows the grantor to maintain control over the assets within the trust during their lifetime, with the ability to alter or dissolve the trust as circumstances change. Upon the grantor's death, the assets are transferred to the beneficiaries without the need for probate, ensuring privacy and potentially reducing estate taxes.
An irrevocable trust is a legal arrangement where the grantor relinquishes control and ownership of assets placed into the trust, making it unchangeable without the beneficiary's consent. This structure is often used to protect assets from creditors, minimize estate taxes, and ensure specific distribution of wealth according to the grantor's wishes.
A legal entity is an organization that has legal rights and obligations, including the ability to enter into contracts, sue and be sued, and own property. It is distinct from its members or owners, providing a layer of protection by limiting their personal liability for the entity's actions and debts.
Fiduciary duty is a legal obligation requiring one party to act in the best interest of another, typically arising in relationships of trust such as between trustees and beneficiaries or corporate directors and shareholders. This duty encompasses responsibilities like loyalty, care, and full disclosure, and breaching it can lead to legal consequences such as lawsuits or financial penalties.
Concept
Trust Law governs the legal framework for the creation and management of trusts, which are fiduciary arrangements where one party holds property for the benefit of another. It establishes the rights and obligations of the parties involved, ensuring the trust is administered in accordance with the settlor's intentions and applicable legal standards.
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