Puerto Rico Living Trust with Provisions for Disability

State:
Multi-State
Control #:
US-0651BG
Format:
Word; 
Rich Text
Instant download

Description

A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability
  • Preview Living Trust with Provisions for Disability

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FAQ

Puerto Rico enacts a new Trusts Act The Trusts Act provides new requirements for the creation or establishment of trusts and creates a Special Registry of Trusts ascribed to the Notarial Inspection Office to register trusts. Failure to timely complete such registration will render the trust null and void.

As a trust domiciled in Puerto Rico, the IRS is, without a doubt, a federal government subcontractor that is subject to this Act.

A trust can stipulate, for example, that until age 25, the trust assets are held for the benefit of the beneficiary but that he is not automatically entitled to any distributions unless the trustee believes that a distribution is advisable. At age 25, the beneficiary becomes entitled to one third of the trust assets.

There are five key elements of trust that drive our philosophy:Reliability: Being reliable creates trust.Honesty: Telling the truth creates trust.Good Will: Acting in good faith creates trust.Competency: Doing your job well creates trust.Open: Being vulnerable creates trust.

Drawbacks of a Living TrustPaperwork. Setting up a living trust isn't difficult or expensive, but it requires some paperwork.Record Keeping. After a revocable living trust is created, little day-to-day record keeping is required.Transfer Taxes.Difficulty Refinancing Trust Property.No Cutoff of Creditors' Claims.

'Express trusts have been a part of the law of Puerto Rico since enactment of C§ 1-41 of the Act of April 23, 1928, No. 41, page 294. This Act was incorporated into the Civil Code of Puerto Rico by the final provisions of the Code, as amended April 28, 1930, No. 48, page 358, § 9.

If the trust is revocable use your Social Security number regardless of who the trustee might be. If it is irrevocable and someone else is the trustee, but you still receive benefits from the trust, use your Social Security number.

How Much Does a Trust Cost? If you hire an attorney to build your trust, you'll likely pay more than $1,000, and fees will be higher for couples. You can also use online software to create trust documents at a cheaper rate.

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

All trusts are required to contain at least the following elements:Trusts must identify the grantor, trustee and beneficiary. The grantor and trustee must be identified because they are parties to the contract.The trust res must be identified.The trust must contain the signature of both the grantor and the trustee.

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Puerto Rico Living Trust with Provisions for Disability