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.
Oregon Nominee Trust
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FAQ
Estate planning, including Living Trusts, Payment on Death Accounts, and Transfer on Death Deeds, may help avoid Probate.
As a beneficiary of a Will, you will only have legal rights on your share of the estate but only once the estate has been administered. Although you are entitled to receive updates on the progress of the administration of the estate. A beneficiary is entitled to be told if they are named in a person's will.
A Beneficiary Controlled Trust refers to a trust where the beneficiary may also be the controlling trustee. The beneficiary can be provided virtually the same control as he or she would have with outright ownership. For example, the beneficiary, as the controlling trustee, could make all investment decisions.
The Oregon estate tax rate starts at 10% and can be as high as 16% of the value of the estate exceeding $1,000,000. By itself, a revocable living trust does not avoid estate taxes. However, a trust can be drafted to include tax-saving provisions.
The California Probate Law section 16061.7 provides for the beneficiaries right to see the trust. Trustees should furnish beneficiaries and heirs with copies of the trust document.
In the case of ignoring the beneficiary, the court intervention could be enough to prod the Trustee to action. If an unresponsive trustee has demonstrated animosity toward the beneficiary that results in unreasonable refusal to distribute assets or has a conflict of interest, the court may remove the Trustee.
Oregon law requires that trustee's make certain information available to trust beneficiaries. Generally speaking, a trustee must keep the beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for those beneficiaries to protect their interests.
If you die owning real estate outside Oregon, a court proceeding might be required in each state where real estate is located. A revocable living trust can avoid these extra court proceedings only if that property is transferred to your trust. Sometimes it is not a good idea to avoid probate.