Legal Question in Wills and Trusts in Texas

depreciable asset sale

trust buys equipment for 50000. life of 5 years. for depreciation, beneficiary pays 10000 to trust for five years to pay for equipment. after 5 years equipment is sold for 15000. who gets 15000, beneficiary or remainderman?


Asked on 1/31/02, 10:19 am

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: depreciable asset sale

If the trust ends with the sale of the equipment, the money should go to the remainderman. If not ended, then to the beneficiary according to the terms of the trust document.

It is unusual for a beneficiary of a trust to be putting assets into the trust. Unless, of course, the beneficiary is also the Trustor/Settlor who has funded and formed the trust initially.

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Answered on 1/31/02, 10:50 am


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