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.
Vermont Nominee Trust
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If the decedent did not have a surviving spouse, any children, living parents, or living siblings, then the heirs at law become the next closest kin in equal degree.
Formal Probate If the person who died owned real estate or if the estate is worth more than $45,000.
While most estates need to undergo the probate process, the best way to avoid probate in Vermont is by creating a living trust before dying. Assets will then transfer to your beneficiaries without the need to go to court.
Here's a partial list of assets that may avoid the probate process: Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account.
Create the trust document. You can get help from an attorney or use Willmaker & Trust (see below). Sign the document in front of a notary public. Change the title of any trust property that has a title document?such as your house or car?to reflect that you now own the property as trustee of the trust.
Property That May Avoid Probate Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account. Retirement accounts with a named beneficiary.
A Vermont living trust holds ownership of your assets during your life while you continue to use and control them. Assets are then passed to beneficiaries after your death. A revocable living trust (sometimes called an inter vivos trust) can offer a variety of benefits.
Vermont allows you to make your own will in Vermont. You don't have to use an attorney to draft a will unless you want to. You can create your will if you have testamentary capacity and know how you want to distribute your estate.
