February 1, 2012
Trustee Elements
A very common business entity used to pass on assets in an estate is called a trust. Sometimes trusts require a special tax return to be filed for federal tax purposes and are used in a variety of scenarios. Other times, trusts are disregarded entities, which means no tax returns have to be filed. The entity is basically disregarded for tax purposes. Of all the types of companies available to choose from, the trust features the most varieties.
All trusts have some items in common. A beneficiary is the person who gets a benefit from the trust. A company may also be a beneficiary. The beneficiary may receive money or other items periodically from the trust. Or sometimes a bulk distribution of trust assets is made upon the death of a person or the occurrence of another event.
All trusts generally have a trustee. The trustee is responsible for the care and condition of the assets of the trust. The trustee is responsible to ensure the assets are given to the beneficiary in a timely manner and in good condition. Often there will be a trust document defining the purpose of the trust. The document may also define the conditions by which the assets will be distributed to the trust and when the trust will cease to exist.
Many times trustees are lawyers. Trustees are held to a higher standard to safeguard the assets than a regular person would be. If a trustee is sued, he would have to prove he took better care of the assets than a regular person would. In some trust, the trustee may be the owner of the assets. Be sure to check what the requirements of a trustee are before you accept an appointment as a trustee for any business entity venture trust. And annual tax returns may be required. Many trustees are compensated for their services. Trusts are commonly used to preserve wealth from one generation to another.
Filed under Legal Staffing by Geena
