A Massachusetts nominee trust is (a) in writing, (b) has one or more persons or corporations named as trustees, (c) has an identified corpus, (d) has beneficiaries identified on a written schedule held by the trustees but not disclosed to the public, and (e) contains various trustee powers as to corpus dispositions that can only be exercised when authorized by the beneficiaries.
The beneficiaries are the owners of the corpus for all purposes, including income, gift and estate taxation, except being the owners of record of the corpus. There is a Principal/Agent relationship between the Trustees and the Beneficiaries, and it is somewhat the reverse where usually in a Grantor Trust, the Trustee instructs the Beneficiaries on what he will/is allowed to do for them, but in a Nominee Trust the Beneficiaries direct the Trustee.
The nominee trust was conceived as an estate-planning vehicle to allow a decedent's real estate to pass to beneficiaries without the necessity of it being probated, e.g., the undisclosed beneficiaries would be also be the trustees of the Nominee trust (you can't have the same trustee be the only beneficiary, but the same two trustees can be the same two beneficiaries!)
The trustees have liability in tort but not in contract if the trust has appropriate language stating that those dealing with the trust may look only to trust property when a dispute arises with the trustee and giving the trustee ostensible authority to deal with the trustee.
The Pennsylvania Agreement and Declaration of Real Estate Business Trust, also known as the Massachusetts Nominee Realty Trust, is a legal arrangement commonly used in the real estate industry. This trust serves as a mechanism for holding and managing real estate assets on behalf of beneficiaries for various purposes like investment, estate planning, and asset protection. In this trust, trustees are appointed to act as custodians of the trust's assets, ensuring that the trust's objectives and directions are followed diligently. The key feature of this agreement is that the trustees are obligated to act solely as directed by the beneficiaries, granting them full control and authority over all decisions related to the trust's real estate properties. The Pennsylvania Agreement and Declaration of Real Estate Business Trust can encompass various types, depending on the specific requirements and intentions of the parties involved. These may include: 1. Investment Trust: This type of trust focuses on utilizing real estate assets for investment purposes, aiming to generate income and enhance wealth for the beneficiaries. Trustees manage the properties, assessing potential investment opportunities, executing transactions, and monitoring the performance of the trust's real estate portfolio. 2. Asset Protection Trust: In this type of trust, the primary goal is to protect real estate assets from potential threats, such as lawsuits, creditors, or excessive taxation. Trustees work closely with the beneficiaries to develop strategic plans to safeguard the properties, ensuring their long-term preservation and the fulfillment of the beneficiaries' objectives. 3. Estate Planning Trust: This trust is commonly used as a part of estate planning strategies, enabling the smooth transfer of real estate assets from one generation to the next. Trustees play a crucial role in executing the beneficiaries' instructions, ensuring a seamless transition while minimizing potential estate taxes or probate proceedings. 4. Charitable Trust: This type of trust is established for philanthropic purposes, utilizing real estate assets to support charitable causes or organizations. Trustees work alongside the beneficiaries to identify suitable recipients or projects, managing the real estate properties in a manner that maximizes the impact and benefits to the chosen charitable beneficiaries. In conclusion, the Pennsylvania Agreement and Declaration of Real Estate Business Trust, commonly known as the Massachusetts Nominee Realty Trust, offers a flexible and comprehensive structure for managing real estate assets. With the trustees acting solely as directed by the beneficiaries, this trust allows for customization of investment, protection, estate planning, and charitable objectives.
