Not sure which one is right for you? An irrevocable family trust is a noncharitable trust set up by the creator, or settlor, for the benefit of family members. This type trust beneficiary trust is typically a permanent agreement that controls family assets placed into the trust for the benefit of the beneficiaries named in the trust papers.
Although state laws establish irrevocable trust beneficiary rights, some rights are common across all or most states. Payment An irrevocable family trust beneficiary is entitled to payment from the trust as outlined in the trust agreement. How much you get and when depends on the trust’s written terms. For example, the trust of which you are a beneficiary might state that the beneficiary receives 6 percent of the trust’s balance every six months, and that sets how much you are entitled to and on what date the trustee must give the money to you. Documentation and Accounting You are entitled to all documentation relating to the irrevocable trust, including its assets and liabilities, a copy of the original agreement and any amending papers.
You can ask the trustee to produce these documents at any time. Other trust documents vary but commonly include current financial account statements and current bills. Trustee Action You might be able to remove the current irrevocable trustee and replace him with another person, depending on your reason and state laws. A family irrevocable trust beneficiary typically has the right to remove the trustee if he’s not meeting his obligations, is behaving dishonestly or is not acting in your best interests. End the Trust State laws determine whether you can end an irrevocable family trust. Some states allow a beneficiary, or both the beneficiary and the settlor together, to end the trust by just petitioning in court.
However, other states don’t allow you to end an irrevocable trust if the court finds the trust’s purpose hasn’t been fulfilled yet. North Carolina Law on Irrevocable Living Trusts In North Carolina, irrevocable living trusts can be established during a person’s lifetime, often for estate planning purposes. In contrast to revocable trusts, irrevocable trusts typically may not be withdrawn or modified once they are created. What if You Violated an Irrevocable Trust? The person appointed to oversee an irrevocable trust must act according to the terms of the trust and in the best interest of those who benefit under the trust. While all states recognize this duty, the type of recourse available in cases of breach can vary. How to Break a Trust in Missouri In Missouri, trusts are an effective way to safeguard and transfer property.