New Hampshire US Legal Guide to Revocable Land Trusts

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US-GDE-07
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This guide provides an overview of revocable land trusts. Topics coverd include benefits of a revocable land trust, how to select a trustee, beneficiaries, and how to create a land trust.

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FAQ

Generally, irrevocable trusts that are administered in New Hampshire (and which are not taxed to the grantor) are not subject to state income or capital gains tax. New Hampshire does have an interest and dividends tax, but irrevocable trusts administered in New Hampshire are not subject to this tax.

A revocable trust is a trust whereby provisions can be altered or canceled dependent on the grantor or the originator of the trust. During the life of the trust, income earned is distributed to the grantor, and only after death does property transfer to the beneficiaries of the trust.

There are a variety of assets that you cannot or should not place in a living trust. These include: Retirement Accounts: Accounts such as a 401(k), IRA, 403(b) and certain qualified annuities should not be transferred into your living trust. Doing so would require a withdrawal and likely trigger income tax.

The primary benefit of creating a revocable trust is that it provides a prearranged mechanism that will ensure the continued management and preservation of your assets, should you become disabled. It can also set forth all of the dispositive provisions of your estate plan.

Revocable trusts are a good choice for those concerned with keeping records and information about assets private after your death. The probate process that wills are subjected to can make your estate an open book since documents entered into it become public record, available for anyone to access.

Some of the Cons of a Revocable TrustShifting assets into a revocable trust won't save income or estate taxes. No asset protection. Although assets held in an irrevocable trust are generally beyond the reach of creditors, that's not true with a revocable trust.

Here are the steps you'll need to take to create a living trust in New Hampshire:Take stock of your property.Pick a trustee.Create a trust document.Sign the trust document in the presence of a notary public.Fund your trust by moving your property into it.

A revocable living trust (sometimes known as an inter vivos trust) allows you to control your assets during life and direct how they are distributed after your death. Living Trusts in New Hampshire. A New Hampshire living trust is established by the grantor. As the grantor, you place your assets in the trust.

Assets can include real estate, valuable possessions, bank accounts and investments. As with all living trusts, you create it during your lifetime. (There are also testamentary trusts, which don't take effect until after you die.)

Assets That Can And Cannot Go Into Revocable TrustsReal estate.Financial accounts.Retirement accounts.Medical savings accounts.Life insurance.Questionable assets.

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New Hampshire US Legal Guide to Revocable Land Trusts