Non Revocable Trust

• Category: Trusts - Living Trusts
• State: Multi-State
• Control #: US-0271BG
• Format: Word; Rich Text

Description

This form is a general form of inter vivos irrevocable trust agreement. Inter vivos trust refers to a trust created and executed during the life time of a testator. It is a revocable trust created to hold property for the benefit of another person. The term inter vivos trust is used to describe living organ donation, in which one patient donates an organ to another while both are alive. It is a revocable living trust in the sense that, this document generally imitate a person's will and are prepared while the individual is living, not at the time of their death.

A North Dakota General Form of Inter Vivos Irrevocable Trust Agreement is a legally binding document that establishes a trust in North Dakota. This type of trust is created by the granter, who transfers their assets to a trustee to manage and distribute according to the terms specified in the agreement. The trust agreement is referred to as "inter vivos" because it is created during the granter's lifetime and "irrevocable" because it cannot be changed or revoked once established. The North Dakota General Form of Inter Vivos Irrevocable Trust Agreement outlines the responsibilities and powers of the trustee, who is entrusted with managing the assets for the benefit of the trust's beneficiaries. The trustee must act in accordance with the terms and conditions set forth in the agreement and is expected to prioritize the beneficiaries' interests. Some important elements typically included in a North Dakota General Form of Inter Vivos Irrevocable Trust Agreement include: 1. Identification of the granter and trustee: The agreement begins with identifying the granter — the person establishing the trust – and the chosetrustte— – the individual or institution responsible for managing the trust. 2. Description of the assets: The trust agreement lists the assets being transferred to the trustee, which may include real estate, stocks, bonds, bank accounts, or other valuable property. Detailed descriptions of the assets ensure clarity and prevent ambiguity. 3. Appointment and succession of trustee: The agreement specifies the procedure for appointing a successor trustee in case the originally designated trustee is unable or unwilling to fulfill their duties. This ensures that the trust administration continues smoothly. 4. Trustee powers and duties: The agreement details the powers granted to the trustee, such as investing, selling, or managing the trust assets. It also outlines the trustee's fiduciary responsibilities, which require them to act with the utmost care, loyalty, and prudence in managing the trust. 5. Beneficiary provisions: The agreement identifies the beneficiaries — the individuals or entities who will benefit from the trust assets. It may also include provisions for the distribution of the trust's income or principal, specifying whether distributions are discretionary or mandatory. 6. Tax considerations: The trust agreement may incorporate tax planning strategies to minimize tax liabilities on the trust and its beneficiaries. This can include provisions for utilizing applicable tax exemptions or deductions. There may be variations of the North Dakota General Form of Inter Vivos Irrevocable Trust Agreements based on specific circumstances or objectives. Some examples of such variations include irrevocable life insurance trusts, special needs trusts, charitable remainder trusts, and spendthrift trusts. These specialized trust agreements cater to different goals, such as providing financial support for a disabled beneficiary or maximizing charitable giving, while still adhering to the general principles of inter vivos irrevocable trusts. Overall, the North Dakota General Form of Inter Vivos Irrevocable Trust Agreement is a powerful legal tool that allows individuals to protect their assets, provide for their loved ones, and efficiently manage their wealth during their lifetime and beyond.