11/12/2023 0 Comments Virtual representationWhat is the idea behind the District of Columbia not being able to vote? I've never understood this. How can DC residents elect representatives when DC is not a state? It just has to do with geography and rules about electing representatives. So I don't think that the government is trying to abuse its rights or oppress DC residents. I guess it's because DC is a city and not a state. (b) Representation of an incapacitated trustor with respect to his or her powers over a trust is subject to the provisions of RCW 11.103.030, and chapters 11.96. So yes, DC has virtual representation in Congress. I believe there is a "virtual" senator for DC but he can't vote. They just can't elect members in Congress. October 16, As far as I know, DC residents can vote in the federal election (for president) and they can vote for a mayor. When we live in an era where women can even go to space and rule a country, it's sad that women in some countries don't even have basic rights like voting, or going to school or selecting their life partner. Forget voting, women can't even go outside alone or drive there. I'm waiting for the women in Saudia Arabia to revolt against the Saudi Arabian government. But people come to understand eventually that they actually have no say in decision making whatsoever. I guess someone who thought he was cunning came up with the term to confuse and fool people for a while. Virtual representation is basically a fancy term but it means nothing. Should you have any questions regarding the subject matter or if you have questions you want to be answered, you may contact Bruce at (312) 648-2300 or send an e-mail to. The Tax Corner addresses various tax, estate, asset protection and other business matters. The Illinois Virtual Representation Statute is one such tool which very likely will help persons in your circumstance alter the trust provisions to your liking. Where the trust agreement does not provide the desired flexibility, other avenues can be sought to accomplish the change in the trust instrument. The statute also permits trust modifications which pertain to the appointment of new successor trustees which should permit you to accomplish your objective.ĭrafters of trust instruments are generally well advised to create flexibility in the trust provisions to accommodate changes in circumstances which cannot be anticipated at the time the trust instrument is created. The statute does permit modifications regarding the interpretation or construction of the trust terms, the approval of trustee reports and accountings, the determination of trustee compensation and other matters. Dispositive provisions of the trust agreement, for example, generally cannot be modified under the Illinois Virtual Representation Law. Not every aspect of a trust agreement can be modified by the Illinois Virtual Representation Statute. Interested persons also include the acting trustee who must be part of any written agreement under the statute. Primary trust beneficiaries who enter into virtual representation agreements can act on behalf of beneficiaries who have interests substantially similar to the primary beneficiaries. The Illinois Virtual Representation Statute does not require all potential trust beneficiaries to be parties to the written agreement. Any person who would be entitled to receive trust assets upon the termination of the trust will also be deemed to be an interested person. Interested persons include the trust’s primary beneficiaries who are the persons currently eligible to receive income or principal from the trust. Agreements effectuated under the Illinois Virtual Representation Statute will be binding upon the beneficiaries as if ordered by a court. The Illinois statute permits interested persons to enter into written agreements outside of court regarding certain provisions involving a trust instrument. The trust agreement may also grant you, as beneficiary, the right to withdraw some or all of the trust assets which can enable you to contribute the withdrawn funds to another trust with a trustee of your liking.Īssuming the trust agreement does not provide the flexibility necessary to change the trustees, you may be able to accomplish your objectives through the Illinois Virtual Representation Statute. Alternatively, the trust agreement may give the existing trustee the right to designate successor trustees. Many times a trust agreement will permit beneficiaries to remove a trustee and appoint successor trustees of their choosing. Under the concept of virtual representation, a husband represented his wife and children in public life and voted on their behalf. Is there an alternative to changing Trustees without going to court?Īnswer: Before pursuing any course of action, you should closely examine the trust agreement. The existing trustee wishes to resign but I am uncomfortable with the named successor trustee. Question: I am the beneficiary of an Illinois irrevocable trust which holds assets for me.
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