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Unlike many states that limit the duration of a trust, Delaware allows most trusts to continue in perpetuity. Delaware eliminated the Rule Against Perpetuities for assets other than real estate held directly by a trust.
A living trust is created in Delaware by signing a Declaration of Trust, which will name the trustee, beneficiary and terms of the trust. You need to sign the declaration in the presence of a notary. Once that is complete, the trust must be funded by transferring assets into it.
Tax Savings Delaware does not impose income tax on accumulated income or capital gains if the irrevocable Delaware trust has only nonresident remainder beneficiaries. In addition, Delaware imposes no income tax on required income distributions to beneficiaries not residing in Delaware. Transfer tax savings.
Delaware law allows individuals to create self-settled trusts that protect their assets ? especially intangible assets ? from claims of unforeseen creditors.
Although a DST can own nearly any real estate asset of any quality, the underlying real estate held by DSTs tends to be high-grade institutional property.
To make a living trust in Delaware, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.
The trust agreement is the parent document that details anything and everything regarding the trust, including its agreements. Meanwhile, the certificate of trust is used in tandem to keep nonessential information confidential.
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