Establishing a Qualified Personal Residence Trust (QPRT) involves transferring the residence to a trust that names the persons who are to receive the residence at the end of the stated term, usually a child or children of the donor. The donor is the tr
A Hawaii Qualified Personnel Residence Trust (PRT) is a legal instrument used for estate planning purposes specifically in the Hawaiian jurisdiction. It is designed to protect and transfer the ownership of a primary residence or vacation home while potentially reducing gift and estate taxes that may be imposed on the property. The primary goal of a Hawaii PRT is to remove the value of the property from the granter's estate while allowing them to live in or use the property for a predetermined period. By creating a PRT, the granter retains some control over the property during the trust term, after which the property is transferred to the designated beneficiaries. Hawaii offers various types of Qualified Personnel Residence Trusts, including: 1. Revocable PRT: This type of PRT allows the granter to maintain the flexibility of revoking or modifying the trust terms during the trust term. The granter has the option to regain complete ownership of the property by revoking the trust. 2. Irrevocable PRT: The irrevocable PRT restricts the granter from changing the trust terms once established. This type of trust provides greater tax benefits as the property value is fully removed from the granter's estate. 3. Granter Retained Annuity Trust (GREAT): Although not specifically a PRT, a GREAT allows the granter to transfer a primary residence or vacation home to the trust, with the granter retaining the right to receive an annuity payment for a fixed term. At the end of the term, the property is transferred to the beneficiaries, thereby reducing estate taxes. 4. Non-Grantor PRT: In this type of trust, the granter does not retain any rights or benefits during the trust term. The property is fully transferred to the trust, which enables the granter to minimize estate taxes by removing the property's value from their estate. When setting up a Hawaii PRT, it is crucial to ensure compliance with all local laws and regulations. Hiring a knowledgeable estate planning attorney with expertise in Hawaiian laws is highly recommended navigating the complex process effectively. In summary, a Hawaii Qualified Personnel Residence Trust is a legal tool designed specifically for estate planning in Hawaii. Different types of Parts are available, including revocable and irrevocable options, as well as variations such as GREAT or non-grantor Parts. Proper implementation of a PRT can help mitigate estate taxes while allowing the granter to retain some control and enjoyment of their primary residence or vacation home during their lifetime.
