Hawaii Pot Testamentary Trust

State:
Multi-State
Control #:
US-13229BG
Format:
Word; 
Rich Text
Instant download

Description

A Pot Testamentary Trust is a testamentary trust set up for more than one beneficiary, typically children. The purpose of a Pot Testamentary Trust is to keep the funds in one pot until a later event. For example, at the death of the parents, the assets may be kept in one pot until all the children have graduated from college or reached age 21.
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FAQ

If you have a child or another dependent with special needs, a trust commonly known as a Special Needs Trust can protect assets for a special needs person without jeopardizing their qualification for government benefits. A will allows you to transfer assets to a special needs person, but will not protect those assets.

A testamentary trust is created to manage the assets of the deceased on behalf of the beneficiaries. It is also used to reduce estate tax liabilities and ensure professional management of the assets of the deceased.

A living trust is a legal arrangement that allows a person to grant ownership of his or her assets to beneficiaries. It takes effect when you're alive and remains in effect after your death. Each trust has a designated trustee who is responsible for dispersing the assets as the trust's grantor wishes.

A trust is a legal arrangement intended to ensure a person's assets eventually go to specific beneficiaries. The person creating the trust puts assets in the name of the trust and authorizes a third party to administer those assets for the trust creator and the beneficiaries.

A testamentary trust is set up in a person's will and starts upon their death. It holds and protects all, or some, of the person's assets such as property and investments. The trust looks after the assets for the beneficiaries. Beneficiaries are the people or organisations that will benefit from the trust.

To create a testamentary trust, the settlor first must select the trustee and the beneficiary and specify the assets that are to be placed in trust. The settlor also has the ability to specify when and how to disburse the trust to the beneficiary. The last will and testament should detail all of this information.

The trust can also be used to reduce estate tax liabilities and ensure professional management of the assets. A disadvantage of a testamentary trust is that it does not avoid probatethe legal process of distributing assets through the court.

How to Create a Living Trust in HawaiiChoose the type of trust you want. If you're single, a single trust is the natural choice.Decide which of your assets you'd like to place in the living trust.Choose a trustee.Create your trust document.Sign the document.Place your assets into the trust.

Trust documents enhance estate planning and the effective transfer of assets to heirs. A trust created while an individual is still alive is an inter vivos trust, while one established upon the death of the individual is a testamentary trust.

In Hawaii, living trusts must be registered with a judicial circuit where the trust is administered. If a trust involves land, a living trust must be registered with a judicial circuit where the land is located.

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Hawaii Pot Testamentary Trust