Setting Up A Trust To Avoid Probate

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State:
Multi-State
Control #:
US-00737BG
Format:
Word; 
Rich Text
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Description

The Nominee Trust form is designed for setting up a trust to avoid probate, allowing individuals to manage their assets and designate beneficiaries effectively. The trust, led by a Trustee, holds property and interests in trust solely for the beneficiaries' benefit. Key features include clearly defined roles for beneficiaries and the Trustee, powers and duties regarding asset management, and provisions for resignation or appointment of successor Trustees. Filling out the trust entails providing accurate details about the Trustee and beneficiaries, as well as adhering to requirements for recordation and possible amendments. This form is particularly useful for attorneys, partners, and paralegals who assist clients with estate planning, as it simplifies asset transfer processes and protects client interests. Furthermore, it shields Trustees from personal liability, establishing a clear separation between trust responsibilities and personal assets. Legal assistants can efficiently help complete and file the necessary documents, ensuring compliance with local regulations and procedural requirements.
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FAQ

While wills are commonly used, living trusts offer advantages such as avoiding probate, providing for minor children, and efficient asset management. However, living trusts can be more complex and involve higher upfront costs.

In general, setting up a Canadian trust costs no less than $1,500 as a minimum. But keep in mind that a legal professional generally charges you on a per-hour basis.

FOUR WAYS TO AVOID PROBATE GET RID OF ALL OF YOUR PROPERTY. ... USE JOINT OWNERSHIP WITH RIGHTS OF SURVIVORSHIP OR TENANCY BY THE ENTIRETY. ... USE BENEFICIARY DESIGNATIONS. ... USE A ALTER EGO TRUST.

A trust is considered a taxpayer in Canada even though it is not considered a legal entity. A trust pays tax at the highest personal marginal tax rate on its taxable income and doesn't have the benefit of individual tax credits.

It is possible to completely avoid probate on most estates, but currently very few estates have done the necessary pre-planning to accomplish this. Typically, this is a moderately complicated process that would require using the services of an experienced Financial Planner who specializes in Estate Planning.

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Setting Up A Trust To Avoid Probate