Actually I totally disagree

If the trust was set up as an irrevocable trust, the entire trust assets would be out of the deceased's estate, unless the trust is deemed to fail later in the court. Then all child support issues would be out of question, unless it is speficially provided for in the trust provisions. Of course, if the court wants to come in and invade the trust assets, that's always possible. However, it really depends on the purpose of the trust, when it was set up, how it was set up, who are the grantor, trustee, and beneficiary, among other things. I just don't believe it can be codified in any US states regardless the circumstances.

I think you are confused with the concept whether the trust is part of the deceased estate. It can be part of the estate for estate tax purpose, but it may not be part of the estate for other purposes. Also the fact that the grantor paid income tax for the trust tells me nothing with respect whether the trust is revocable or irrevocable. There are certain drafting techniques to make the grantor pay the income tax for an irrevocable trust, while at the same time removing the trust assets from the grantor's estate.

I believe you know much more than was posted here. Probably that's why you came to this conclusion. All I want to point out is that without seeing the actual trust document and understanding the background of this trust, it would be very difficult to provide any meaningful legal advice, let alone it is to a layperson.

所有跟帖： 

• 回複：Actually I totally disagree -apt- ♂ (2361 bytes) () 09/25/2012 postreply 11:14:10

• That's why I said you may be confused -CyberCat- ♂ (1110 bytes) () 09/25/2012 postreply 12:04:16

• 回複：That's why I said you may be confused -apt- ♂ (1717 bytes) () 09/25/2012 postreply 14:06:39

• Okay, I see your point -CyberCat- ♂ (1441 bytes) () 09/25/2012 postreply 14:35:59

• 回複：Okay, I see your point -apt- ♂ (1187 bytes) () 09/25/2012 postreply 16:06:06

• Then your definition only applies to probate -CyberCat- ♂ (1207 bytes) () 09/26/2012 postreply 07:28:19

• One more thing -CyberCat- ♂ (548 bytes) () 09/25/2012 postreply 14:49:10

• 回複：One more thing -apt- ♂ (136 bytes) () 09/25/2012 postreply 16:09:15

• One more thing -apt- ♂ (621 bytes) () 09/25/2012 postreply 14:19:55

• Okay, that's a very bad standard -CyberCat- ♂ (221 bytes) () 09/25/2012 postreply 14:23:50

• 回複：Okay, that's a very bad standard -apt- ♂ (286 bytes) () 09/25/2012 postreply 16:12:46

• This is not the law -CyberCat- ♂ (360 bytes) () 09/26/2012 postreply 07:34:53