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Limitations of Nominee Trusts It will do absolutely no good regarding MassHealth /Medicaid Planning, because it is not really a transfer in their eyes. Also, you cannot take a Homestead declaration on it, so creditors can attach it in a lawsuit, assuming liability.
Hear this out loud PauseThe real property can be placed into a nominee trust and the lawsuit can then be filed in the name of the nominee trust and the trustee, rather than in your personal name.
Hear this out loud PauseThe trustees do not file income tax returns - the activities of the trust are shown on the tax returns of the beneficiaries.
Hear this out loud PauseRealty trust, sometimes also called nominee trusts, are used to hold real estate. The realty trust is unlike other trusts in that it establishes an agency relationship, where the trustees can only act with the express authority of the beneficiaries.
Hear this out loud PauseThe Nominee Structure The principle of a nominee structure is that the shareholdings of individual minor shareholders are transferred to a single shareholder entity with the sole purpose of holding those shares on trust for the shareholders.