Michigan Nominee Agreement to Hold Title to Real Property

State:
Multi-State
Control #:
US-0222BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a nominee agreement to hold title to real property. A Nominee is a person who holds bare legal title for the benefit of another or who receives and distributes funds for the benefit of another.
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FAQ

There are four common ways to hold title to real estate in Michigan:Tenants in Common.Tenants by the Entirety.Joint Tenants.Joint Tenants with Full Rights of Survivorship.

Where two or more people buy a property, a trust is automatically imposed upon them without them having to do anything. The legal owners, therefore, hold the property on trust, and so are trustees.

Trust property may include any type of asset, including cash, securities, real estate, or life insurance policies. Trust property is also referred to as "trust assets" or "trust corpus."

While Indian laws do not recognise trusts as a separate legal entity, they recognise trusts as an obligation of the trustee to hold and own the property, not as an absolute owner (ie as both legal and beneficial owner), but to use and manage the trust prop- erty for the benefit of the beneficiaries.

A Nominee Trust is an estate planning tool that is unique to Massachusetts. It is essentially a realty trust in which the trust holds the property for the beneficiaries, but the beneficiaries are able to exercise control over the real property.

A nominee agreement is an agreement where one person agrees to act on behalf of another person in certain legal matters. A nominee agreement is like a power of attorney but may be broader in scope. A nominee may receive a payment for services or may agree to conduct the affairs of without charge.

While a trust can hold and convey property, the Court of Appeals decision places a limitation on the nature of a trust's real property ownership. Under the recent Shaaf v. Forbes decision, it is a matter of law that a trust cannot hold real property as a joint tenant with rights of survivorship.

When an estate is held in a trust, who holds legal title? (In an estate in trust the grantor (or trustor) transfers legal title to a fiduciary (the trustee) who holds and manages the estate for the benefit of another party (the beneficiary).

The spouses each have a survivorship right, and each is presumed to own the entire property. Neither can sell or transfer their interest in the property without the other's consent. Creditors of one spouse cannot put a lien on the property.

N. 1) a person or entity who is requested or named to act for another, such as an agent or trustee. 2) a potential successor to another's rights under a contract.

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Michigan Nominee Agreement to Hold Title to Real Property