Chicago Illinois Nominee Trust

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State:
Multi-State
City:
Chicago
Control #:
US-00737BG
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Description

A nominee trust is a trust in which the trustee holds legal title to the trust property for the trust's beneficiaries, but the beneficiaries exercise the controlling powers, and the actions that the trustees may take on their own are very limited. Such trusts are a common device for holding title to real estate, and afford certain tax advantages. A nominee trust is not a trust in the strict classical sense, because of the trustee-beneficiary relationship. Despite a nominee trust's nontraditional relationship between trustee and beneficiary, such a trust must still adhere to the rule that no trust exists when the same individual is the sole settlor, sole trustee, and sole beneficiary. The trustees of a nominee trust act at the direction of the beneficiaries.

Chicago Illinois Nominee Trust is a unique legal structure used for holding and managing assets in the state of Illinois. A nominee trust is a type of revocable trust that allows the granter (the person who establishes the trust) to retain control over the trust's assets while benefiting from the anonymity and protection offered by the trust. One type of Chicago Illinois Nominee Trust is the Land Trust, also known as the Illinois Land Trust. It is commonly used for holding and transferring real property in Chicago and other parts of the state. By placing a property in a Land Trust, the owner's identity is shielded and replaced with the trust's name. This promotes privacy and confidentiality, as the property's ownership is not publicly disclosed. Another type of Chicago Illinois Nominee Trust is the Personal Property Trust. This trust is designed for handling various movable assets such as vehicles, boats, artwork, and jewelry. Similar to the Land Trust, the Personal Property Trust enables the granter to keep their ownership private, as the trust's name appears on legal documents and in public records. Chicago Illinois Nominee Trusts offer numerous benefits to individuals and businesses. Firstly, they ensure privacy and anonymity, protecting the owner's identity from prying eyes and potential legal disputes. Secondly, these trusts provide asset protection, shielding the assets from creditors and lawsuits. Additionally, by avoiding probate court, the trust allows for a smoother and faster transfer of assets after the granter's passing. Creating a Chicago Illinois Nominee Trust involves appointing a trustee who holds legal title to the assets and manages them according to the granter's instructions. The trustee can be an individual or an entity such as a trust company or an attorney. Commonly, the granter also designates themselves as a beneficiary, allowing them to continue enjoying the benefits of the assets held in the trust. Overall, Chicago Illinois Nominee Trusts, including Land Trusts and Personal Property Trusts, are an effective legal tool for maintaining privacy, protecting assets, and facilitating efficient asset management and transfer in the state of Illinois.

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FAQ

Unless restricted by the specific terms of a trust document, a trustee has the power to sell (or encumber) trust property, and without the permission of the trust's beneficiaries.

Where the trustee is empowered to sell any trust property, he may sell the same subject to prior charges or not, and either together or in lots, by public auction or private contract, and either at one time or at several times, unless the instrument of trust otherwise directs.

The nominee is someone or a company who assumes a title on a securities transaction or other property in order to facilitate certain transactions with the owner as their real, legal title.

A Nominee Trust is often used as way to provide anonymity to property ownership because the beneficiaries of a Nominee Trust are not listed with the Registry of Deeds. This will enable the property to pass to your beneficiaries in a manner that avoids probate, possible creditor claims, and reduces costs.

A nominee arrangement gives rise to a bare trust over the shares, under a bare trust the nominee has no discretion over the assets subject to the trust. Please note that a nominee shareholder can be an individual or a company and, it is also possible to have more than one nominee holding legal title to shares jointly.

Yes. A trustee has the powers of an absolute owner and can even postpone a sale. However, in order to sell any property there must be at least two trustees able to sign the contract for sale.

By Practical Law Corporate. A declaration of trust for use where shares in a company incorporated in England, Wales or Northern Ireland are registered in the name of a nominee shareholder but held for the benefit of another person (the beneficial owner).

Unlike a real trust, where the power and duty to appropriately control the trust property lies with the trustee, in a nominee trust the beneficiaries actually retain all decision-making power. In fact, the trustee is really just an agent of the beneficiaries, who essentially act as the principal.

The property is held in the name of the trustee (or trustees), but the trustee has no discretion over the assets held in trust. The trustee of a bare trust is a mere nominee, in whose name the property is held. Except in the case of bare trusts for minors, the trustee has no active duties to perform.

A nominee trust is a legal arrangement whereby a person, termed the settlor, appoint another person, termed the "nominee" or "trustee", to be the owner of the legal title to some property.

More info

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Chicago Illinois Nominee Trust