A trust cannot be a beneficiary under a discretionary trust because the law says a trust is not a separate legal person. For example, the ‘John Smith Family Trust’ cannot be named as a beneficiary of another trust.

Is the beneficiary of a trust the owner?

What’s the Difference Between a Beneficiary and a Trustee? A Trust beneficiary is the person who will enjoy the assets of the Trust. In legal jargon, trust and will attorneys refer to Trust beneficiaries as the “equitable owners” of the Trust.

What is the difference between a trustee and beneficiary?

Trustee: a person or persons designated by a trust document to hold and manage the property in the trust. Beneficiary: a person or entity for whom the trust was established, most often the trustor, a child or other relative of the trustor, or a charitable organization.

How does a trust work for a beneficiary?

Instead, a trust is often used to distribute assets to beneficiaries. If you are a beneficiary of a trust, you are dependent on the Trustee to make distributions from the trust as directed by the trust agreement. Most of the time, things run smoothly for the beneficiaries of a trust; however, there are also a number of things that can go wrong.

Who is the beneficiary of a descendants Trust?

A descendant’s trust is created by you, today, within your revocable trust, naming your child as trustee and beneficiary when you die. There are a number of good reasons to leave assets in descendants’ trusts you create as a part of your overall estate plan for each of your children.

Who is the beneficiary of a trust in Illinois?

The trustee holds legal title to the assets for another person, called a “beneficiary.” The rights of a trust beneficiary depend on the type of trust and the type of beneficiary. Adam Stern has been a licensed attorney in the State of Illinois since 1994.

Who are the beneficiaries of an irrevocable trust?

Beneficiaries of an irrevocable trust have rights to information about the trust and to make sure the trustee is acting properly. The scope of those rights depends on the type of beneficiary. Current beneficiaries are beneficiaries who are currently entitled to income from the trust.