Montana Nominee Trust

State:
Multi-State
Control #:
US-00737BG
Format:
Word; 
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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

This rule generally prohibits the IRS from levying any assets that you placed into an irrevocable trust because you have relinquished control of them. It is critical to your financial health that you consider the tax and legal obligations associated with trusts before committing your assets to a trust.

To make a living trust in Montana, 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.

So, now you know that the Trust Maker holds the most power before the Trust is established, but the Trustee holds the most power after the Trust is established.

The cost of setting up a trust in Montana varies depending on the complexity of the trust and the attorney's fees. A basic Revocable Living Trust generally ranges from $1,000 to $3,000. More complex trusts can cost several thousand dollars more.

Mortgage States and Deed of Trust States StateMortgage StateDeed of Trust StateMontanaYYNebraskaYNevadaYNew HampshireY47 more rows

A living trust in Montana is a legal document created by the trustor. The trustor sets up the trust and places his assets in the ownership of the trust. When you create a living trust, (also called an inter vivos trust) you must select a trustee.

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Montana Nominee Trust