Minnesota Nominee Trust

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US-00737BG
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Description

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.

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FAQ

As a beneficiary of a trust in Minnesota, you have the right to information about the trust and its administration. This includes, but is not limited to: A complete copy of the trust document. Updates on the trust's assets and liabilities.

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.

How To Create A Living Trust In Minnesota Step 1: Decide If A Living Trust Is Right For You. ... Step 2: Choose A Trustee. ... Step 3: Create A Trust Document. ... Step 4: Fund The Trust. ... Step 5: Manage The Trust. ... Step 6: Review & Update The Trust. ... Contact An Experienced Estate Planning Attorney.

An estate or trust with $600 or more of gross income assignable to Minnesota must file Form M2, Income Tax Return for Estates and Trusts. Filing is required even if the trust is considered a resident trust.

If you die without a will, Minnesota's inheritance laws will control how your estate will be divided. Your property will go to your spouse or closest relatives. If you have a spouse and children, the property will go to them by a set formula.

The will and the inventory are public information. With a revocable living trust, generally only the beneficiaries of the trust will be informed of the nature and the value of the assets. The important thing is to make sure that all of your property is in the trust.

A Certificate of Trust may need to be recorded in the county that any real property is in. That said, if there's no real property owned by the Trust, there may not be any need to record it.

A trust manages the distribution of your assets. A trust is created by the transfer of property by the owner (sometimes called the ?grantor,? ?donor,? or ?settlor?) to another person (the ?trustee?). A trustee can be a professional with financial knowledge, a relative or friend, or a professional trust company.

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Minnesota Nominee Trust