A nominee trust is a trust in which the trustee holds legal title to the trust property for the trust's beneficiaries, but the beneficiaries exercise the controlling powers, and the actions that the trustees may take on their own are very limited. Such trusts are a common device for holding title to real estate, and afford certain tax advantages. A nominee trust is not a trust in the strict classical sense, because of the trustee-beneficiary relationship. Despite a nominee trust's nontraditional relationship between trustee and beneficiary, such a trust must still adhere to the rule that no trust exists when the same individual is the sole settlor, sole trustee, and sole beneficiary. The trustees of a nominee trust act at the direction of the beneficiaries.
Alaska Nominee Trust
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FAQ
The person who creates a revocable trust (the settlor) transfers ownership of his or her property to a Trustee to manage under whatever conditions the settlor chooses. Because the Trustee is the legal owner of the trust property and not the settlor, it does not need to pass through probate when the settlor dies.
That really depends on which benefits are most important to you. But, generally, the consensus among advisers and estate attorneys is that the trust laws of South Dakota and Nevada offer the best combination of tax benefits, asset protection, trust longevity and flexible decanting provisions. Why Do I Need a Trust?
Benefits of trusts Some of the ways trusts might benefit you include: Protecting and preserving your assets. Customizing and controlling how your wealth is distributed. Minimizing federal or state taxes.
Under this structure, any trust that is created in a state without income tax is able to avoid state income tax. These trusts are most commonly referred to as ?ING trusts.? Alaska has no state income tax, capital gains tax, estate tax, or gift tax. Many of the ING trust Private Letter Rulings involved Alaska law.
In a Nominee Trust the beneficiaries direct the trustee and may even serve as the trustee. Also, unlike an irrevocable trust, the beneficiaries of an NT may terminate the trust at any time and take full ownership of the trust property as tenants in common.
The Alaska Trust Act can save estate taxes, and the assets of the trust can be immunized from the claims of unknown future creditors. The trustee must either be a bank or trust company with its principal place of business in Alaska, or an individual who is a resident of Alaska.
The nominee trust is not a trust - it is an agency arrangement in which the "trustees" are agents for undisclosed principals. A true trust is an arrangement under which a "grantor" or "donor" transfers property to a trustee to use for the benefit of one or more beneficiaries.
Do I need a living trust in Alaska? A living trust is not required, but it can offer some benefits as part of estate planning. If you wish to avoid the traditional probate process, a living trust allows you to do this.