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Irrevocable Trust Agreement for Benefit of Trustor\\\'s Children and Grandchildren with Spendthrift Trust Provisions This trust agreement is made on ___ (date), between ___ (Name of Trustor), of ___ ___

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FAQ

Has Delaware adopted the Uniform Trust Code?

The 2013 Trust Act added new Section 3338 to Title 12 of the Delaware Code to permit the use of nonjudicial settlement agreements in Delaware. The new statute is substantially similar to the version in the Uniform Trust Code (the “UTC”) that has been adopted in at least 26 other states and the District of Columbia.

Does a Delaware trust require a Delaware trustee?

A DST is easy to form and maintain. The DST Act does require that the trust have a Delaware resident trustee, but business decisions and management of the trust may be (and in the context of a structured finance transaction, typically are) delegated to out of state co-trustees and managers.

What is a Delaware trustee?

Delaware Trustee. In a Delaware Statutory Trust (DST), the Delaware trustee maintains a physical address in the state of Delaware in order to prevent the DST from dissolving should something happen to the signatory trustee.

How does a Delaware statutory trust work?

Delaware statutory trusts are formed as private governing agreements under which either (1) property (real, tangible and intangible) is held, managed, administered, invested and/or operated; or (2) business or professional activities for profit are carried on by one or more trustees for the benefit of the trustor ...

How is a Delaware statutory trust taxed?

At least one trustee must be a resident of Delaware, which can be satisfied by naming a Delaware trust company or by forming a Delaware corporation to act as the trustee (See 12 §3807). There is no Franchise Tax and no Delaware income tax on statutory trusts formed in Delaware.

Can you have a trust without beneficiaries?

When a trust has no known beneficiaries, a person with legal standing to bring a lawsuit will file a petition with the court to determine what happens to the trust. If there are no named beneficiaries, then the duly acting trustee is the only interested party with legal standing to petition the court.

What is a Delaware Trust Company?

Headquartered in Wilmington, Delaware, Delaware Trust Company provides a full suite of corporate trust and agency, independent director, private equity networking, and special purpose vehicle services to corporations, law firms, financial institutions, institutional investors, and private equity firms.

What is the purpose of a Delaware statutory trust?

Delaware Statutory Trusts, or DSTs, are an alternative for 1031 exchange investors seeking replacement properties, offering the potential for monthly income and diversification without any on-going landlord duties.

What is a Delaware dynasty trust?

A Delaware Dynasty Trust is a long-term multi-generational trust. It is created to pass family wealth from generation to generation while minimizing gift and transfer taxes. Typically a bank or other trustee controls trust distributions and management of its assets.

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