Hello Triplenickel ~
Please remember the disclaimer at the bottom of every Google Answers
question: "Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional ... advice." I am not an attorney and this is not
intended to be legal advice.
An Inter Vivos Trust (or Living Will) is established during the
lifetime of the settlor to become effective in his lifetime, as
contrasted to a testamentary trust which takes effect at the death of
the settlor.
Since the settlor is still alive, and since you didn't say the trust
was irrevocable, the "power to withdraw in whole or part" would refer
to any property placed in the trust or, depending on the language of
the trust, presumably to withdraw the trust entirely.
There are usually valid tax and other financial considerations
(usually associated with preservation of property and avoidance of
probate) to establishing an Inter Vivos Trust, which may or may not be
the case here. Therefore, this information here is simply in answer to
your question above, and should not be construed as legal advice.
Some additional information on trusts and estate planning can be found
here:
- Fifty-five plus (thought you might enjoy the irony of "that" name)
"Executors and Trustees: Knocking Down Old Myths"
- http://www.fifty-five-plus.com/finance/estate/oct0025.htm
- CIBC Wood Bundy Education - "Establishment of Trusts"
- http://www.cibcwoodgundy.com/education/tax-estate/trusts.html
- US Law.com - Understanding Trusts
- http://www.uslaw.com/library/article/bprWhatIsTrust.html?area_id=14
Search terms:
- Estate planning + inter vivos trusts
- Inter Vivos Trusts
- Inter Vivos Trusts + withdrawal
- Inter Vivos Trusts + revocation
Hope this helps,
Serenata
Google Answers Researcher |