A Massachusetts nominee trust is (a) in writing, (b) has one or more persons or corporations named as trustees, (c) has an identified corpus, (d) has beneficiaries identified on a written schedule held by the trustees but not disclosed to the public, and (e) contains various trustee powers as to corpus dispositions that can only be exercised when authorized by the beneficiaries.
The beneficiaries are the owners of the corpus for all purposes, including income, gift and estate taxation, except being the owners of record of the corpus. There is a Principal/Agent relationship between the Trustees and the Beneficiaries, and it is somewhat the reverse where usually in a Grantor Trust, the Trustee instructs the Beneficiaries on what he will/is allowed to do for them, but in a Nominee Trust the Beneficiaries direct the Trustee.
The nominee trust was conceived as an estate-planning vehicle to allow a decedent's real estate to pass to beneficiaries without the necessity of it being probated, e.g., the undisclosed beneficiaries would be also be the trustees of the Nominee trust (you can't have the same trustee be the only beneficiary, but the same two trustees can be the same two beneficiaries!)
The trustees have liability in tort but not in contract if the trust has appropriate language stating that those dealing with the trust may look only to trust property when a dispute arises with the trustee and giving the trustee ostensible authority to deal with the trustee.
The Oklahoma Agreement and Declaration of Real Estate Business Trust, also known as the Massachusetts Nominee Realty Trust, is a legal document that governs the establishment and operation of a trust arrangement for real estate purposes. Trustees are appointed to manage the trust, but they can only act based on the directions given by the beneficiaries. This type of agreement is commonly used in Massachusetts to create a real estate business trust. It ensures that the beneficiaries, who are typically the investors or owners of the real estate assets, have ultimate control and decision-making power over the trust's affairs. The trustees are obligated to follow the specific instructions and directions provided by the beneficiaries, ensuring that their interests are protected and prioritized. The Oklahoma Agreement and Declaration of Real Estate Business Trust — Massachusetts Nominee Realty Trust aims to offer flexibility and transparency in real estate investments. By allowing the beneficiaries to have a say in the trust's operations, it ensures that their preferences and objectives are adhered to in managing the real estate assets. Some variations of the Oklahoma Agreement and Declaration of Real Estate Business Trust — Massachusetts Nominee Realty Trust may include: 1. Joint Beneficiaries: In this type of trust, multiple beneficiaries jointly hold the power to direct the trustees. They must reach a consensus or provide unanimous instructions to the trustees in making decisions related to the trust. 2. Successor Beneficiaries: This variant allows for the appointment of successor beneficiaries who can take over the beneficiary role in case the primary beneficiaries are unable to act or pass away. 3. Limited Power of Direction: Here, the beneficiaries are given limited powers to direct the trustees. The trustees may have some discretionary authority in certain matters regarding the trust. 4. Revocable Trust: This type of trust allows the beneficiaries to revoke or amend the trust's provisions under specific circumstances, offering them more control over the trust's operations. 5. Irrevocable Trust: In contrast to the revocable trust, this variant restricts the beneficiaries' ability to revoke or modify the trust once it has been created. It provides more stability and security for the beneficiaries' long-term real estate investments. When establishing an Oklahoma Agreement and Declaration of Real Estate Business Trust — Massachusetts Nominee Realty Trust, it is crucial to consult with legal professionals experienced in trust and real estate matters to ensure that all legal requirements are met and the trust accurately reflects the beneficiaries' intentions.The Oklahoma Agreement and Declaration of Real Estate Business Trust, also known as the Massachusetts Nominee Realty Trust, is a legal document that governs the establishment and operation of a trust arrangement for real estate purposes. Trustees are appointed to manage the trust, but they can only act based on the directions given by the beneficiaries. This type of agreement is commonly used in Massachusetts to create a real estate business trust. It ensures that the beneficiaries, who are typically the investors or owners of the real estate assets, have ultimate control and decision-making power over the trust's affairs. The trustees are obligated to follow the specific instructions and directions provided by the beneficiaries, ensuring that their interests are protected and prioritized. The Oklahoma Agreement and Declaration of Real Estate Business Trust — Massachusetts Nominee Realty Trust aims to offer flexibility and transparency in real estate investments. By allowing the beneficiaries to have a say in the trust's operations, it ensures that their preferences and objectives are adhered to in managing the real estate assets. Some variations of the Oklahoma Agreement and Declaration of Real Estate Business Trust — Massachusetts Nominee Realty Trust may include: 1. Joint Beneficiaries: In this type of trust, multiple beneficiaries jointly hold the power to direct the trustees. They must reach a consensus or provide unanimous instructions to the trustees in making decisions related to the trust. 2. Successor Beneficiaries: This variant allows for the appointment of successor beneficiaries who can take over the beneficiary role in case the primary beneficiaries are unable to act or pass away. 3. Limited Power of Direction: Here, the beneficiaries are given limited powers to direct the trustees. The trustees may have some discretionary authority in certain matters regarding the trust. 4. Revocable Trust: This type of trust allows the beneficiaries to revoke or amend the trust's provisions under specific circumstances, offering them more control over the trust's operations. 5. Irrevocable Trust: In contrast to the revocable trust, this variant restricts the beneficiaries' ability to revoke or modify the trust once it has been created. It provides more stability and security for the beneficiaries' long-term real estate investments. When establishing an Oklahoma Agreement and Declaration of Real Estate Business Trust — Massachusetts Nominee Realty Trust, it is crucial to consult with legal professionals experienced in trust and real estate matters to ensure that all legal requirements are met and the trust accurately reflects the beneficiaries' intentions.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
