TRUST ACCOUNT
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Trust account - a savings account deposited by someone who makes themselves the trustee for a beneficiary and who controls it during their lifetime; afterward the balance is
payable to the previously named beneficiary
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Trust Account
A trust is a legal entity that holds assets for a beneficiary - such as a child or a family member - designated to eventually receive the assets.
When a trust is established, an individual or corporate entity is designated to oversee or manage the assets in the trust. This individual or entity is called a trustee. A trustee can be a
professional with financial knowledge, a relative, a loyal friend, a corporation or another person.
The Revocable Living Trust (or Family Trust)
A Revocable Living Trust (also known as a Family Trust or Living Trust) is used primarily to avoid probate, reduce estate taxes, preserve your privacy, and manage your
financial affairs.
A Revocable Living Trust is a trust established while you are living. It is revocable, so you are able to make changes whenever you want, as well as reclaim the property transferred into it. It
describe how your property should be managed while you are alive, and how it should be distributed upon your death. It is often called a family trust.
Avoiding Probate and Protecting Privacy with a Trust
Normally, if a person without a trust dies, there must be a probate process to determine how to distribute all of the property held solely in the decedent's name. A Will can help the probate
court to determine where the property should go, but does not avoid the probate process. In fact, one primary purpose of probate is to validate the "last will" if one exists. Probate is a public
procedure and opens up an estate's distribution to the public eye.
When you have correctly set up and used a Revocable Living Trust, upon your death there will be no probate process. This is because the owner of the property (the Trust) did not die; just
the person in the role of the grantor and trustee (you). The new successor trustee will be able to take over without the long probate process.
IRREVOCABLE TRUST
A trust that can't be modified or terminated without the permission of the beneficiary. The grantor, having transferred assets into the trust, effectively removes all of his or her rights of
ownership to the assets and the trust.
This is the opposite of a "revocable trust", which allows the grantor to modify the trust.
The main reason for setting up an irrevocable trust is for estate and tax considerations. The benefit of this type of trust for estate assets is that it removes all incidents of ownership,
effectively removing the trust's assets from the grantor's taxable estate. The grantor is also relieved of the tax liability on the income generated by the assets. While the tax rules will vary
between jurisdictions, in most cases, the grantor can't receive these benefits if he or she is the trustee of the trust.
The assets held in the trust can include, but are not limited to, a business, investment assets, cash and life insurance policies.
Trust Account: Definition of a Trust; Land Trust, Living Trust, Revocable Trust, Land Contract. It is one of the oldest and best defined
relationships known in the law.
In general, a "trust" is a legal entity that is able to own property and other assets.
LAND TRUST
A land trust is an agreement whereby one party (the trustee) agrees to hold ownership of a
piece of real property for the benefit of another party (the beneficiary). Land trusts are used
by nonprofit organizations to hold conservation easements, by corporations and
investment groups to compile large tracts of land, and by individuals to keep their real
estate ownership private, avoid probate and provide several other benefits.
A community or conservation land trust is an organization established to hold land and to
administer use of the land according to the charter of the organization. A land trust is a
useful way to manage complex divisions of the Bundle of Rights that people can own in
real estate, and can be used to manage something as large and complex as a multi-state
REIT, or as common and small as a single-family home.
Corporations sometimes set up land trusts when they want to compile large tracts of land
without arousing suspicion or alerting people to their plans (which would cause the
asking price to rise). For example, the land for Walt Disney World near Orlando Florida
was put together by using many land trusts to buy smaller tracts of land.
Individuals use land trusts mainly for privacy and to avoid probate. No one knows what
one's bank balance or stock investments are, yet anyone with an internet connection can
look up a person's real estate holdings. A person who has an auto accident or a doctor
who accidentally injures a patient is a much better target for a lawsuit if he or she owns
real estate investments. So some investors buy their properties in land trusts so their
name does not appear in the public records.
The land trust also allows the property to immediately pass to their heirs at the moment of
death, rather than go through a long probate process.
Some of the other advantages of land trusts for individuals are:
1-Sales price of the property can be kept off the public records
2-Property taxes are lower if the purchase price is kept private
3-Judgments or liens (such as IRS liens) against an individual's name are not a lien
against their land trust property
Partners can more easily continue a project if one dies or is divorced
4-Interests can be transferred quickly without recording a deed
5-Managing a rental property is easier when the trustee can be blamed
Negotiating a purchase or sale can be easier when the trustee can be blamed
6-Liability on financing can be limited to the assets of the trust
7-Investment trust companies hold property for investment purposes and non-citizens who
want long-term access to land in Mexico often enter real-estate trust agreements, called
fideicomiso, with Mexican citizens, but land trust more often refers to a community scale
organization.
8-Community land trusts are established to provide low- and moderate-income families
access to affordable housing while conservation trusts protect environmentally, historically
or culturally valuable places.
9- Land trusts are also in place to protect farmland and ranchland. Despite the use of the
term "trust," many if not most land trusts are not technically trusts, but rather non-profit
organizations that hold simple title to land and/or other property and manage it in a
manner consistent with their non-profit mission.
LAND CONTRACT Difference Between a Land Contract and a
Mortgage
Land contracts are security agreements between a seller, known as a Vendor, and a
buyer, known as a Vendee. The Vendor carries the financing for the Vendee, which
may or may not contain an underlying loan. The basic difference between a land
contract and a mortgage is the buyer does not receive a DEED or clear title to the
property until the land contract is paid off.
Land contract /contract for deed or "installment sale agreement") is a contract
between the owner of the real property (called the "vendor" or the "seller") and a
person who wants to buy the property (the "vendee", "contract purchaser",
"purchaser" or "buyer")for an agreed-upon purchase price. Under a land contract the
vendor grants equitable title to the vendee (which consists of virtually all rights to the
property other than actual legal title), and the vendee agrees to pay the purchase
price to the vendor over time, usually in monthly installments, by a certain date.
When the full amount of the purchase price is paid, the vendor is obligated to deliver
legal title to the vendee by an actual deed, and upon delivery of the deed, the vendee
owns equitable and legal title to the property.
Equitable title, for all intents and purposes, makes the purchaser the "owner" of the
property. There are several "land contract friendly" states in the US, while other states
make it extremely difficult to sell or purchase real property by means of a land
contract.
It is common for the installment payments of the purchase price to be similar to
mortgage payments in amount and effect. The amount is often determined according
to a mortgage amortization schedule. In effect, each installment payment is partially
payment of the purchase price and partially payment of interest on the unpaid
purchase price. This is similar to mortgage payments which are part repayment of
the principal amount of the mortgage loan and part interest.
However, since land contracts can easily be written or modified by any seller or
purchaser, you may come across any variety of repayment plans. Interest only,
negative amortizations, short balloons, extremely long amortizations just to name a
few. It is therefore even more so advisable to read your contracts and consult
professionals. Typical land contracts are easy to understand and usually only make
up 3-5 pages. It is not uncommon for land contracts to go UNrecorded. For several
reasons the vendor or vendee may decide that the contract is not to be recorded in
the register of deeds. This does not make the contract invalid, but it does increase
exposure to undesirable side effects. Contrary to common belief, a contract is valid
with only a vendors' signature, provided it is delivered and accepted by the vendee.
Contracts without the vendee's signature, or without being notarized - although not
recommended- are therefore still valid and enforceable in court.
Although land contracts can be used for a variety of reasons, their most common use
is as a form of short-term seller financing. Usually, but not always, the date on which
the full amount of the purchase price is due will be years sooner than when the
purchase price would be paid in full according to the amortization schedule. This
results in the final payment being a large "balloon" payment. Since the amount of the
final payment is so large, the buyer usually obtains a conventional mortgage loan
from a bank to make the final payment. Land contracts are sometimes used by
buyers who do not qualify for conventional mortgage loans offered by traditional
lending institutional, for reasons of poor credit or an insufficient down payment. Land
contracts are also used when the seller is anxious to sell and the buyer is not given
enough time to arrange for conventional financing. Besides the obvious reasons,
land contracts are a favorite amongst many real estate investors because of their
ease of use, extreme flexibility, and fast executions
LAND CONTRACT, Protecting the Seller on a Home Land Contract Sale
If you have an underlying loan, given a choice between a straight contract or a
wrap-around contract, offer the wrap-around land contract. It will give you an override
on the existing interest rate of the first mortgage. Ask for legal advice about an
alienation clause.
1-Obtain a Credit Report on the Buyer. If the buyer has filed a bankruptcy, made late
payments to other creditors or, worse, no credit, those derogatory records are a red
flag.
2-Demand a Title Insurance Policy. Title searches of the public records will also show
liens or judgments filed against a buyer. The title company will likely ask for
satisfaction of those encumbrances before it will insure the land contract on a title
policy. Ask to see a copy of the preliminary title report (or commitment for title
insurance) to determine if a search reveals anything about the buyer.
3-Ask for a Hefty Down Payment. Buyers are less likely to walk away from a land
contract or stop paying on the installment sale contract if the buyer has made a big
down-payment. The more money invested upfront, the less likely a buyer will risk losing
it.
4-Carry the Financing Short-Term. You might amortize the payments for 30 years, but
ask for a balloon payment after five or ten years. This will let the buyer refinance or sell
the property to pay you early.
5-Verify the Buyer's Employment. Make sure the buyer is employed and has been
employed for at least two years, preferably longer.
6-Ask for Personal References. Check out the buyer's references, including past
landlords. Ask about payment history on previous rentals, not just the current rental
because sometimes landlords will say anything to get the tenant out of the property. Go
back to the landlord before the existing landlord and inquire.
7-Insist the Buyer Obtain a Homeowner Insurance Policy. You don't want to be
responsible for the home after the land contract has been signed and notarized. Make
sure the buyer names you as an additional insured and get a copy of the
homehomeowner's insurance policy.
8-Set Up a Disbursement Account. Many banks and financial institutions offer a service
that will collect the payments from the buyer and send them to you or deposit them into
your bank account. It prevents the buyer from knowing your home address, and the
arrangement frees you to travel.
9-Collect the Taxes From the Vendee. Ask the Vendee to pay the taxes to your
disbursement company. The company can then make the tax payments to your
property assessor and you can be assured the taxes will be paid on time.
10-Include a Late Payment Charge in the Land Contract. If you are paying an underlying
loan payment, you will want to receive your payments in a timely manner to avoid your
own late charges. Charge the buyer a reasonable fee for payments received late to
entice the buyer to pay on time.
11-Ensure Continued Maintenance and Care. Consider including an acceleration clause
in the contract, which will allow you to make the Vendee refinance the property if the
condition of the property becomes a risk to your financial investment.
12-Prevent the Vendee From Assigning the Contract. After you've done your homework
to approve this buyer, you don't want to give the buyer the right to assign the contract
to an unknown entity.
13-Talk to a Lawyer. It's worth it to spend a few hundred dollars to obtain legal advice
before entering into a land contract. Besides, a lawyer is likely to think of something I
have missed in this bullet-point list.
TITLE OWNERSHIP BY TENANCY
TENANCY AT WILL.
A tenancy at will is a leasehold in which the tenant holds of the
premises with the owner's permission
but without a fixed term. To terminate a tenancy at will week to week is
7 days notice,month to month is
15 days notice.
TENANCY AT SUFFERANCE.
This occurs when a tenant stays in possession of the property beyond
the ending date of a legal
tenancy without the consent of the landlord.
TENANCY IN COMMON.
This is when 2 or people wish to share the ownership of a single
property, they may choose to do so
as tenants in common. It is the most frequently used form of
co-ownership, except for husband and
wife.
Tenants in common may purchase title at the same time or at a
different time but with no right of
survivorship.
JOINT TENANCY:
This comes with the right of survivorship. Means that when one
co-owner dies his or her share goes
to the surviving co-owner not to the heirs.
TENANCY BY ENTIRETIES:
This is basically a joint tenancy between husband and wife with
automatic right of survivorship
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Trust. In general, a "trust" is a legal entity that is able to own property and
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Trust Account: Definition of a Trust; Land Trust, Living Trust, Revocable Trust, Land Contract. It is one of the oldest and best defined relationships known in the law
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What kinds of trusts are there?
There are two basic types of trusts: living trusts and testamentary trusts. A living trust or an "inter-vivos" trust is set up during the person's lifetime. A Testamentary trust is
set up in a will and established only after the person's death when the will goes into effect.
Living trusts can be either "revocable" or "irrevocable."
Revocable trusts allow you to retain control of all the assets in the trust, and you are free to revoke or change the terms of the trust at any time.
With irrevocable trusts, the assets in it are no longer yours, and typically you can't make changes without the beneficiary's consent. But the appreciated assets in the trust
aren't subject to estate taxes.
There are many more complicated types of trusts, too, that apply to specific situations. Some include:
Credit shelter trusts: With a credit-shelter trust (also called a bypass or family trust), you write a will bequeathing an amount to the trust up to but not exceeding the
estate-tax exemption. Then you pass the rest of your estate to your spouse tax-free. And there's an added bonus: Once money is placed in a bypass trust, it is forever free
of estate tax, even if it grows.
Generation-skipping trusts: A generation-skipping trust (also called a dynasty trust) allows you to transfer a substantial amount of money tax-free to
beneficiaries who are at least two generations your junior - typically your grandchildren.
Qualified personal residence trusts: A qualified personal residence trust can remove the value of your home or vacation dwelling from your estate and is
particularly useful if your home is likely to appreciate in value.
Irrevocable life insurance trusts: An irrevocable life insurance trust can remove your life insurance from your taxable estate, help pay estate costs, and provide
your heirs with cash for a variety of purposes. To remove the policy from your estate, you surrender ownership rights, which means you may no longer borrow against it or
change beneficiaries. In return, the proceeds from the policy may be used to pay any estate costs after you die and provide your beneficiaries with tax-free income.
Qualified terminable interest property trusts: If you're part of a family in which there have been divorces, remarriages, and stepchildren, you may want to
direct your assets to particular relatives through a qualified terminable interest property trust. Your surviving spouse will receive income from the trust, and the
beneficiaries you specify (e.g., your children from a first marriage) will get the principal or remainder after your spouse dies.
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What's the difference between a trust and a will?
A trust does not replace a will. Most trusts deal only with specific assets, such as life insurance or a piece of property, while a will governs distribution of nearly everything
else in your estate.
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