This type of trust is called a "self-settled trust" and the person who creates the trust and transfers property to the trust is called the "settlor." The concept that you cannot create a trust to defeat your creditors is codified in Arizona Revised Statutes Section 14-10505(A)1 that states, "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." Arizona Revised Statutes Section 14-10505(A)2 states, ". . . with respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit."
Mesa Arizona Irrevocable Trust for Lifetime Benefit of Trustor Covering Family Residence
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State:
Arizona
City:
Mesa
Control #:
AZ-01700BG
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How to fill out Arizona Irrevocable Trust For Lifetime Benefit Of Trustor Covering Family Residence?
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FAQ
Probate is required in Arizona unless the decedent has a trust or listed beneficiaries for all assets. There is one exception to this rule, which is for estates with personal property valued at less than $75,000 and real property under $100,000.
Taxes must be paid on the income or assets held in trust, including the income generated by property held in trust. The responsibility to pay taxes may fall to the trust, the beneficiary, or the transferor.
The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.
In Arizona, the average cost for a living trust is around $1,500. However, this price may vary depending on the location and size of the trust. For example, trusts in major metropolitan areas may be more expensive than those in rural areas. Smaller trusts may also cost less than larger ones.
The new Arizona Trust Code requires the trustee to provide to the trust's beneficiaries an annual report of trust property, including trust liabilities, receipts, disbursements, a list of trust assets and, if feasible, the fair market value of the trust assets.
Grantor?If you are the grantor of an irrevocable grantor trust, then you will need to pay the taxes due on trust income from your own assets?rather than from assets held in the trust?and to plan accordingly for this expense.
You can set up a living trust by yourself. However, if you're not experienced, it might make more sense to get professional advice. If your estate is worth a lot, you may benefit from a living trust. The Uniform Probate Code, however, does simplify the probate process for estates without a trust in Arizona.
Real Estate/Real Property? real property requires the recording of a deed to the trust. If you have a mortgage, you may need to get the approval of your lender and notify your property insurance company.
This rule generally prohibits the IRS from levying any assets that you placed into an irrevocable trust because you have relinquished control of them. It is critical to your financial health that you consider the tax and legal obligations associated with trusts before committing your assets to a trust.