Is The Trust Indenture Subject To The Laws In The Grantor or Trustee's State
It is customary for the indenture to have its situs (e.g. location) in the grantor's state and thus be subject to those state laws; however, the trust is a private contract and thus the situs may be placed anywhere deemed worthy for reasons of privacy, less frequent reporting, state trust laws and more. Do note that a (very) few banks will require the trustee to be in the state of the situs to open a bank account - it is best to avoid these types of banks.
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Can Someone Be Grantor/Creator + Trustee + Beneficiary
No. A contract between only (1) party is invalid, contracts require (2) or more parties to be considered valid. One can be Grantor and a/the Beneficiary. There is no conflict of interest being Grantor & Beneficiary because Beneficiary cannot ...
New Beneficial Ownership Laws for Corporate Entities (2024)
There are new Beneficial Ownership Laws that go into affect January 1, 2024 for corporate entities. Under the final rule, a beneficial owner includes anyone who, directly or indirectly, either exercises substantial control over a reporting company, ...
Can The Irrevocable Trust Indenture Be Modified
Yes, this is known as consent modification. 1) Get authorization from the grantor/creator + all beneficiaries + all trustees to make any and all changes to the trust indenture. When a minor or unborn person is a beneficiary, consent on the ...
Who Will Get The EIN For The Trust (Grantor or Trustee)
Typically the trustee will get the EIN, but either the grantor OR the trustee may do so. Whoever is chosen will need to input their Social Security Number, address and contact information. This will not bring the trust into the IRS' jurisdiction, but ...
Irrevocable Non-Grantor Complex Express Trust with Discretionary Spendthrift Provisions
Yes, the Bulletproof Trust is an Irrevocable Non-Grantor Complex Express Trust with Discretionary Spendthrift Provisions under common and contract law. The trustee manages the assets, makes all decisions and adds/removes trustees and beneficiaries at ...