Legal Question in Wills and Trusts in California
Is an irrevocable trust considered an asset, does it depend on what your role is, meaning if you are the trustee, etc.?
2 Answers from Attorneys
If you are a beneficiary of such a trust the right to whatever property you are entitled to get as beneficiary is an asset. Depending on the restrictions on your getting it, the asset could be worth little or a lot. If you cannot have possession now or soon or if you cannot sell it or use it as collateral for a loan makes a big difference on the value of the asset. The trustee is just the person in charge who must follow the instructions of the trustor in the trust and distribute the property (trust corpus) to the beneficiaries.
Everything depends on what your role and rights under the Trust are and for what prupose you are asking the question. If you would like to discuss your situation in more detail, please feel free to give me a call.
Jon Reich
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