Trusts Flashcards

1
Q

Duties of Trustee

A
  1. Impartiality
    • Creates principal/income problem
  2. Loyalty & good faith
  3. Segregate funds
  4. Prudence (sound investing)
  5. Disclose/Account for trust assets
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2
Q

Constructive Trusts

A

*prevents unjust enrichment in the event of some unlawful conduct

  1. Confidential/Fiduciary Relationship
  2. Promise
  3. Transfer of property in reliance on that promise
  4. Resulting unjust enrichment
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2
Q

Termination w/o consent

A
  • When purpose has been accomplished
  • Cannot be terminated if material purpose remains
    • spendthrift trust has material purpose of asset protection
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3
Q

Remedial Trusts

A
  1. Honorary (failed charitable purpose)
  2. Resulting (failed trust)
  3. Constructive
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3
Q

Spendthrift Trusts

A

NY presumptively assumed spendthrift trusts.

  • expressly restricts the beneficiary’s power to voluntarily or involuntarily transfer his equitable interest

Exceptions:

  • Children/spouses seeking family support
  • People providing necessities
  • Government
  • Income beyond that needed to provide beneficiary according to his station in life
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4
Q

Cy Pres

A

Allows terms of charitable trust to be modified if illegal, impossible or impracticable

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5
Q

Support Trust

A

Trustee must pay out in accordance w/ some pre-specified objective standard

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5
Q

Creditor access to trust property

A
  • Mandatory –> only mandatory payments
  • Discretoinary –> can’t access trust property
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6
Q

Removing trustee

A
  1. incapacity
  2. breach
  3. conflict of interest (not apparent at time of creation)
  4. serious disagreement
  5. poor performance
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8
Q

Saving statute

A

creates a presumption that grantor intended to require that a condition be met w/n perpetuities period

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9
Q

Trusts

A

Dividing legal and equitable title to the property.

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10
Q

Intent

A

No special language

  • just intent to separate equitable interest
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11
Q

No Further Inquiry Rule

A

A self-dealing trustee is auto liable

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12
Q

Suspension statute

A

prevents fragmentation of an estate beyond perpetuities period – requires that some combinition of people be able to convey a FSA w/n perpetuities period

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13
Q

Express Trust Requirements

A
  1. Intent
  2. Trust Property
  3. Valid trust purpose
  4. Beneficiaries
  5. In writing

Lifetime trust:

  • writing
  • signed by settlor and trustee
  • notarized or executed in presence of 2 Ws + signed
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14
Q

Legit charitable purposes

A
  1. Relief of poverty
  2. Advance education/religion
  3. Promotion of good health
  4. Gov purposes
  5. Other purposes benefitting community at large or particular segments of community

GHOPE

Gov,

Health,

Other

Povertu.

Education/religion

15
Q

Terminating Trust

A
  • Revocable trust –> pursuant to terms of trust
  • Irrevocable trust –> via settlor and beneficiary agreement
16
Q

Discretionary Trust

A

Discretion as to how much trustee pays out

  • beneficiary has no claim but trustee cannot abuse discretion
17
Q

Trust purpose

A

Any purpose so long as not illegal or against public policy

18
Q

Trust formation (interests)

A

Require separation of agreement. Even a contingent remainder beneficiary suffices –

O puts property in trust for O for life w/ O as trustee, remainder to O’s kids

20
Q

NY Trust Presumption

A

Presumption of irrevocability and non-amendability

22
Q

Trust beneficiaries

A

Must be ascertained at time they will TAKE not at time of will’s creation

23
Q

Pet trusts

A

OK but expire after 21 years

24
Q

Pour Over trusts

A

Created inter vivos but funded at death

25
Mandatory Trust
Trustee must pay out pre-specified money
26
Methods of making of trusts
1. Inter Vivos 2. Testamentary
27
RAP
Requires that all equitable interests in a trust become certain w/n the prepetuities period (21 years w/n the death of a life in being at the time of conveyance)
28
Modification of Trust
If an unanticipated change in conditions frustrates the terms or purpose of trust
29
Totten Trusts
joint bank account in which the depositor deposits money in trust for a beneficiary ## Footnote Depositor: - retains control - can use money for own benefit - can revoke at any time
30
Charitable Trusts
1. RAP doesn't apply 2. Charitable purpose supplants "beneficiary"