Donna Transfers $200,000 of Property to an Irrevocable Trust with a Bank

question 50

Essay

Donna transfers $200,000 of property to an irrevocable trust with a bank as trustee. Donna names Toby (age 60)to receive all of the trust income for the rest of his life. At Toby's death, the property is to pass to Al or Al's estate. What kind of interest do Toby and Al possess?

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Definitions:

Acceptance

In contract law, refers to the expression by the offeree to agree to the terms of an offer, resulting in a binding contract.

Offer

A proposal by one party to form a contract, which becomes binding if accepted by the party to whom it's made.

Genuineness Of Assent

Knowing and voluntary assent to the terms of a contract. If a contract is formed as a result of mistake, misrepresentation, undue influence, or duress, genuineness of assent is lacking, and the contract will be voidable.

Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.