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.?


Asked on 1/12/11, 3:17 pm

2 Answers from Attorneys

Tony Carballo Carballo Law Offices

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.

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Answered on 1/18/11, 1:00 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

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

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 1/18/11, 9:29 am


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