Bexar Texas Testamentary Trust Provision with Stock to Held in Trust for Grandchild and no Distributions to be Made until a Certain Age is Reached

State:
Multi-State
County:
Bexar
Control #:
US-01481BG
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Description

A testamentary trust is a trust in which the trust property is bequeathed or devised by will to the trustee for the benefit of the beneficiaries. Statutes in effect in the various jurisdictions prescribe certain formalities which must be observed in connection with the execution of a will in order to give validity to the instrument and make it eligible to be probated. A valid testamentary trust is created only when the will attempting to create it complies with the formalities of the state's statutes covering wills. An instrument will be denied probate where it fails to conform at least substantially to the controlling statutory provisions governing the execution of wills.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Bexar Texas Testamentary Trust Provision with Stock to be Held in Trust for a Grandchild and no Distributions to be Made until a Certain Age is Reached is a specific type of trust agreement established in Bexar County, Texas. This provision is designed to secure and manage assets, specifically stock holdings, for the benefit of a grandchild until they reach a certain age. The testamentary trust provision ensures that the assets, in this case, stock, are held in a trust rather than being distributed immediately. This approach provides protection, control, and potential growth of the assets over time. By naming a grandchild as the beneficiary, it allows the assets to be reserved for their benefit, while restricting access until they reach a specified age or milestone. This type of trust provision acknowledges that the beneficiary (grandchild) may not have the necessary maturity, financial responsibility, or understanding handling significant assets at a young age. It aims to provide financial security and support for their future needs, such as education, starting a business, or investing in real estate. There might be different variations or subtypes of Bexar Texas Testamentary Trust Provision with Stock to be Held in Trust for a Grandchild and no Distributions to be Made until a Certain Age is Reached, depending on specific conditions and parameters set by the granter: 1. Age-Based Trust: The provision could specify a certain age at which the grandchild gains access to the trust assets. For example, the stock holdings may be held in trust until the grandchild reaches 25 years old or graduates from college. 2. Milestone-Based Trust: Instead of relying solely on a specific age, this provision could require the grandchild to meet certain milestones or achievements before distributions are made. These may include completing a specific educational degree, attaining a specific professional certification, or demonstrating responsible financial management. 3. Trustee Discretion: The trust agreement may grant the trustee certain discretionary powers to determine when and how distributions will be made. This allows the trustee to assess the grandchild's financial acumen, maturity, and overall circumstances before releasing the trust assets. Overall, a Bexar Texas Testamentary Trust Provision with Stock to be Held in Trust for a Grandchild and no Distributions to be Made until a Certain Age is Reached is a vital estate planning tool that ensures responsible management of assets for the future welfare and benefit of a grandchild while protecting their long-term financial interests.

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FAQ

Legally, if an asset was not put into the trust by title or named to be in the trust, then it will go where no asset wants to go2026to PROBATE. The probate court will take much longer to distribute this asset, and usually at a high expense.

You always have the right to demand a statutory trust accounting from your trustee. If your trustee fails to provide you with a statutory trust accounting within 90 days after the date that he, she or it receives your demand, then you can file an action in court to compel him to comply with your demand.

Even if there are assets, such as homes, to be sold, the Trust should be wrapped up and distributed within eighteen months.

Several states require you to send a notice to all trust beneficiaries within a certain time after you take over as successor trustee of the trust. Most states give you 30 or 60 days to send this initial notice.

Trust beneficiaries will not always receive the exact distribution listed in the trust because the decedent's creditors and other expenses relating to the decedent's death will generally need to be paid prior to the trustee making trust fund distributions to beneficiaries.

If a trust runs out of funds before any trust fund distributions to beneficiaries are made, creditors could be prioritized over beneficiaries, who, in turn, could receive nothing.

Planning Tip: If a trust permits accumulation of income and the trust does not distribute it, the trust pays tax on the income.

The testamentary trust is a provision within the will that outlines the estate's executor and instructs that person to create the trust. However, the trust is not immediately established after the person's death since the will must go through the probate process.

Real estate is deeded out of the trust and into the names of beneficiaries. Stocks and bonds can be transferred from the trust into the beneficiary's brokerage accounts. Beneficiaries typically have to pay taxes on trust income, except for distributions from the trust's principle.

Under California law, stealing trust assets with a value of $950 or less is a misdemeanor with a maximum jail sentence of 6 months. Embezzling trust assets worth over $950 is considered felony embezzlement, which can lead to a trustee going to jail for up to 3 years.

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Bexar Texas Testamentary Trust Provision with Stock to Held in Trust for Grandchild and no Distributions to be Made until a Certain Age is Reached