85) Inter vivos trusts
also provide greater ongoing jurisdictional flexibility than testamentary trusts, allowing a trust's situs to be shifted should doing so become useful.
In recent years, it has become more common for inter vivos trusts
to be formed in trust-friendly jurisdictions that have laws and tax systems designed to be as favorable as possible.
Bensing, Inter Vivos Trusts
and the Election Rights of a Surviving Spouse, 42 KY.
The traditional rule, endorsed both by the Uniform Law Commissioners and the Restatement, draws no distinction between the formalization of simple gifts and complex trusts: Whether or not a settlor doubles as trustee, and hence whether or not coupled with delivery, inter vivos trusts
are valid even when their terms are communicated orally.
The Delaware courts answered the question of a trust with a choice-of-law provision in another of the Peierls decisions, In re Peierls Family Inter Vivos Trusts
, 77 A.
The new law, says Lisle lawyer Neil Goltermann of Momkus McCluskey LLC, who assisted in drafting the legislation, means married couples will no longer have to forego the protections of holding property as tenants by the entirety to set up and fund inter vivos trusts
recommended for their estate plans.
However, inter vivos trusts
typically entail additional start-up costs and administration fees.
Technically, they are revocable inter vivos trusts
Total discretionary inter vivos trusts
(1) provide a variety of benefits.
Joy, in which the courts initially allowed inter vivos trusts
to serve as will-substitutes and create post-mortem transfers of property without a will.
Revocable inter vivos trusts
, spendthrift trusts, and related topics will also be addressed.
Lawgic said the CD analyzes issues "unique to each client" to create a variety of relevant documents and forms, including revocable inter vivos trusts
, stand-alone wills, pour-over wills, trust instruments, durable powers of attorney, and other estate planning documents specific to California and related federal laws.