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resulting trust

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resulting trust

A trust that is implied by law as necessary to carry out the true intentions of the parties involved. It typically arises when one transfers legal title to another for various reasons, but both parties intended the grantor to retain all benefits from the property. If an elderly person transferred her home to a child as an estate planning tool,but continued to live in the residence,the law would not allow the child to sell the home and keep the proceeds. It would, instead, impose a resulting trust.Contrast with a constructive trust.



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A CRT that divides in half must split each stock 50/50 so that each new trust gets half of each stock and maintains the same cost basis in each resulting trust.
Thus, a CRT that divides in half with two stock holdings must split each stock 50-50, so that each new trust gets half of each of the stocks and maintains the same cost basis in each resulting trust.
The second type is a resulting trust in which a court imposes a trust where the circumstances are such that equity requires the creation of a trust.
 
 
 
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