South Carolina Declaration of Trust

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Multi-State
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US-PE-OAM
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Description

This document is a 53-page Declaration of Trust. It includes definitions of all relevant terms, as well as the constitution, capital accounts, valuations and prices, issue of units, register of unitholders, transmission, redemption of units, and every other necessary clause that constitutes a valid Declaration of Trust.

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FAQ

An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust aren't considered personal property. This means they're not included when the IRS values your estate to determine if taxes are owed.

A South Carolina deed of trust designates a trustee as a property's legal owner until the original owner's (the ?borrower?) debt to a lender is paid. Property conveyed in a deed of trust is returned to the borrower once the loan made via a promissory note is settled.

To make a living trust in South Carolina, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.

To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.

Not all states recognize a Trust Deed. Use a Mortgage Deed if you live in: Connecticut, Delaware, Florida, Indiana, Iowa, Kansas, Louisiana, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, or Wisconsin.

Create the trust document. You can get help from an attorney or use Willmaker & Trust (see below). Sign the document in front of a notary public. Change the title of any trust property that has a title document?such as your house or car?to reflect that you now own the property as trustee of the trust.

While a will must become public record when it is probated, a trust need not enter the public record. The names of your beneficiaries, information about your assets, and your trust terms are not revealed to anyone.

How much does a Trust cost in South Carolina? The cost of setting up a trust in South Carolina varies depending on the complexity of the trust and the attorney's fees. A basic Revocable Living Trust generally ranges from $1,000 to $3,000. More complex trusts can cost several thousand dollars more.

Creating a living trust in South Carolina involves creating a written trust document and signing it in front of a notary. The trust is not final until you transfer assets into it.

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South Carolina Declaration of Trust