Maine Irrevocable Pot Trust Agreement

State:
Multi-State
Control #:
US-13230BG
Format:
Word; 
Rich Text
Instant download

Description

An irrevocable trust is a trust that cannot be modified or terminated without the permission of the beneficiary. In most states, a trust will be deemed irrevocable unless the Trustor specifies otherwise. Once the Trustor has transferred assets into the trust, s/he has no rights of ownership to the assets and the trust. Irrevocable trusts are preferred because it removes all incidents of ownership, thereby effectively removing the trust's assets from the grantor's taxable estate. The Trustor is also relieved of the tax liability on the income generated by the assets. This is the opposite of a "revocable trust", which allows the Trustor to modify the trust.

A Pot Trust is a trust set up for more than one beneficiary, typically children. The purpose of a Pot 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

To help you get started on understanding the options available, here's an overview the three primary classes of trusts.Revocable Trusts.Irrevocable Trusts.Testamentary Trusts.More items...?31-Aug-2015

To make a living trust in Maine, 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 beneficiariesthat is, who will get the trust property.Create the trust document.More items...

Commonly referred to as living trusts, revocable trusts offer an effective estate-planning tool to lower the costs and hassles of probate, preserving privacy and preparing your estate for ease of transition in the event of death or incapacity.

In New York, a trust does not have to be signed by two witnesses. But it could be. A trust does need to be signed by the person making the trust and by the trustee.

Among other benefits of revocable trusts, the execution or amendment of a revocable trust document is arguably more flexible than the execution of a will, as the execution of a New York trust usually requires two witnesses or notarization of the settlor's (testator's) signature and is not subject to the formal scrutiny

While there are a number of different types of trusts, the basic types are revocable and irrevocable.

The revocation is usually done by a simple document stating your intent to revoke the trust, followed by the transfer of the assets from the trust to your name individually. However, if the trust is an irrevocable trust, it may not be so easy.

There must be a specific clause describing the trust as being irrevocable. Once the trust agreement is ready for signature, the parties must sign in the presence of witnesses and the document should be notarized.

Irrevocable Trust: An Overview. A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the beneficiaries' consent.

In New York, there is no requirement to record a trust. Part of the idea of a trust is to maintain privacy. When you are transferring a property to a trust, you are allowed to not disclose the ownership of the property to the public.

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Maine Irrevocable Pot Trust Agreement