Palm Beach Florida Nominee Trust

Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-00737BG
Format:
Word; 
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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.

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FAQ

To file a will in Palm Beach County, you must submit the original will to the Clerk of the Circuit Court's probate division. This initiates the probate process, where your Palm Beach Florida Nominee Trust may play a critical role in asset distribution. Be sure to gather all necessary documents to support your filing. You can also consider using uslegalforms to ensure your will and trust align with your wishes effectively.

How much does it cost to set up a living trust in Florida? A typical cost for an attorney to prepare a revocable living trust in Florida is between $2,000 and $3,000, depending on the attorney's experience.

While it's relatively common to contest a will in Florida, a trust may also be contested in select scenarios. In the event you are successful in contesting the trust in question, it could result in the need to modify the trust or even terminate it in some cases.

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 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.

In the state of Florida, you can generally contest a will any time before the probate process is complete. Once the will has been submitted to the court, you have 3 months from the time you receive notice of this to contest it. If the will has not been submitted to the court yet, you can challenge it at any time.

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).

What is the Statute of Limitations to Challenge a Trust in Florida? (2) Six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.

Defective Trust Document In order to be valid, a Florida trust must be signed by the settlor and two witnesses in the specific manner required by law. Trusts can be contested as defective if there are reasons to believe that the trust was not properly executed.

In Florida, the qualified beneficiaries to a trust can contest a trust under a few legal theories. By far the most common dispute is over the actions of the trustee. These tend to be minor issues and can be resolved easily with an action for an accounting or removal of the trustee.

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Palm Beach Florida Nominee Trust