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What Should You Know About Setting Up A Bare Trust

setting up a bare trust

I hope you find this post to be helpful if you are looking for a service that can help you for setting up a bare trust. I’ve had to do a lot of research on this topic and have finally put together all the information I could find.

A bare trust is an estate planning tool that is frequently used by wealthy individuals who want to avoid probate while at the same time shielding their assets from creditors and other potential claimants. A trustee can be designated during the settlor’s lifetime or created after his death only if certain requirements are met. Setting up a company or trust is not a simple target to achieve.

This blog post will go over what exactly bare trusts are, why they’re beneficial for some people, how they’re structured, and necessary legal considerations when setting up a bare trust.

What Is A Bare Trust?

A bare trust is created by the use of a deed of settlement or a declaration of trust. The trustee and beneficiary hold the assets left by the person who established the bare trust in its most basic form. In a bare trust, however, the trustee has no obligations or powers.

A bare trust is a trust created and administered through an attorney or title company. The trust documents after setting up a bare trust implemented by the attorney or title company are often called “bare trusts” because they do not contain any of the usual languages on trusts, such as:

Who can establish, administer, or revoke the trust?

How are distributions from the trust payable?

What will happen if the settlor dies before he revokes the trust?

 

There may be other code words that contain these types of requirements for setting up a company. A bare trust document, however, would state only that: “within a specific period of time after my death, this will be a bare trust. If it is not revoked by anyone, this will be a living trust.” Do you know what some reasons someone might want to set up a bare trust are?

Many people wish to go for setting up a bare trust to avoid probate. Probate is the process that happens when someone dies, and their assets need to be distributed. If you’d like more information on probate and why it can be beneficial for your situation, please read my blog post about probate.

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