Discretionary family trusts (also known as inter vivos trusts) are a popular business and investment structure in which the trustee holds assets in trust for a group of beneficiaries, usually family members. A trust is a separate legal entity and the trust, not the beneficiaries, owns the assets.
What is the basis of property in an irrevocable trust?
The step-up in basis is equal to the fair market value of the property on the date of death. In our example, if the parents had put their home in this irrevocable income only trust, and the fair market value upon their demise was $300,000, the children would receive the home with a basis equal to this $300,000 value.
Can I hide money in a trust?
You can use different asset protection trusts to help you protect your money from lawsuits, creditors, and even from the IRS. However, if you hide your money in a trust, you need to be aware of some of the downsides. First of all, the kind of trust that is most likely to protect your assets is an irrevocable trust.
What happens to a family trust in a divorce?
In a divorce, if assets in the trust are considered to be community property, they will usually be split equally between the parties. If certain trust property is considered separate property, this property will usually remain in the possession of the spouse who initially owned the asset.
Can creditors come after a trust?
Because the assets within the trust are no longer the property of the trustor, a creditor cannot come after them to satisfy debts of the trustor. Not only could such a finding expose the trust assets to liability, but also it could mean heavy legal penalties for the trustor.
How do you hide ownership of property?
A Land Trust is a simple inexpensive method for hiding the ownership of real property. A land trust can be setup as an irrevocable living trust used to title ownership of real estate. Title to the property is held in the name of a trustee, who is forbidden to reveal the beneficial owner.
