The Confidential Trust that you are purchasing is not a trust created for estate planning. The sole purpose of the Confidential Trust is to hold title to one or more Arizona limited liability companies, limited partnerships or corporations so that the names of the person or the people who create the trust and who are its sole beneficiaries will not be disclosed on the public records of the Arizona Corporation Commission or the Arizona Secretary of State.
My Confidential Trust has the following characteristics:
1. It is revocable, which means it can be amended or terminated by a trustmaker at any time before the death or incapacity of the trustmaker.
2. The person or married couple named in this questionnaire as trustmakers are the creators (aka grantors) of the trust. If a trustmaker is married, that trustmaker may name his or her spouse as a co-trustmaker.
3. The beneficiary or beneficiaries are named in the field called "Current Beneficiary's Name." A beneficiary is the person, trust or entity for whom the trustee(s) hold title to trust assets and manage those assets for the "benefit" of the beneficiary. If two people are named as current beneficiaires they must be married to each other.
4. If one person is the beneficiary, that person will be the sole beneficiary while he or she is alive. If the current beneficiaires are a married couple, then they will be co-beneficiaries. If a co-beneficiary were to die, the other co-beneficiary would become the sole beneficiary.
5. The initial trustee or trustees are name in the field called "Trustmakers Names." The trustee or co-trustees have control over all assets owned by the trust.
6. You must name one or more successor trustees to take over as trustee after a single trustee or both co-trustees die or become incapacitated.
7. On the death of current beneficiary or both co-beneficiaries the successor trustee or co-trustees is/are directed to distribute all of the assets held in the trust at that time to the estate of the last beneficiary to die or to the future beneficiaries you have designated in the questionnaire.
8. You may add additional assets to the trust.
9. Because the trust is a revocable trust, the trust does not need a separate federal identification number (EIN) from the IRS. If you want to open a bank account in the name of the trust, give the bank a copy of your trust agreement and your SSAN. All income and expenses of the trust each year will be reported on your federal income tax return.
The Confidential Trust is not intended to do and does not do any of the following:
A. Provide asset protection for any beneficiary.
B. Allow for assets to be held in trust other than for a short period of time after the death of a sole intial beneficiary or the death of the surviving beneficiary if there are two initial beneficiaries.
C. Hold the assets in trust for future beneficiaries who are children of the trustmaker(s) until the children reach a specified age.
D. Contain standby provisions that would cause the trust to become a special needs trust is a beneficiary ever becomes a special need person.
E. Reduce or eliminate any federal or state estate or inheritance taxes on the death of a trustmaker.
If you want a trust that accomplishes any of the purposes listed in A - E, do not use my Confidential Trust, but use a comprehensive estate planning trust instead. I can prepare such a trust, but it costs more and would require you to sign an engagement letter.
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