Laws and regulations in every area vary across the nation.
If you're not an attorney, it's simple to become confused by different standards when it involves composing legal documents.
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Overview. Estates and trusts are taxpayers for Pennsylvania personal income tax purposes. They are required to report and pay tax on the income (from PA's eight taxable classes of income) that they receive during their taxable year.
A grantor trust means that you, as the grantor (the person who established the trust by gift or grant), retain certain powers over the trust that result in you continuing to pay income tax on the trust assets.
In Pennsylvania, a living trust is a legal agreement in which the testator's assets, including bank accounts, home, securities, etc., can be transferred and handled by an individual, including the testator, or corporation, such as a trust or bank. The person or company managing the trust is called a trustee.
A Short Certificate is a legal document that shows the decedent's name and date of death. It will also show the name of the Executor/Executrix who has been named to handle the affairs of the estate. A Short Certificate can be obtained at the Register of Wills office in the county court house.
Also known as a will trust or a trust under will, a testamentary trust provides for the distribution of an estate into a trust when the person who created the trust dies.
A living trust (sometimes called an inter vivos trust) is one created by the grantor during his or her lifetime, while a testamentary trust is a trust created by the grantor's will.
§ 3151. Letters testamentary or of administration on the estate of a decedent domiciled in the Commonwealth at the time of his death shall be granted only by the register of the county where the decedent had his last family or principal residence.
Trusts are not public record, and for some, privacy is a key consideration when creating a trust.
A living trust can also be irrevocable, meaning it cannot be changed once established. However, a testamentary trust cannot be revocable and is typically established as irrevocable since the trustor has passed away.
Testamentary trusts are discretionary trusts established in Wills, that allow the trustees of each trust to decide, from time to time, which of the nominated beneficiaries (if any) may receive the benefit of the distributions from that trust for any given period.