Getting Mixed Info Re Being the settlor and trustee (but not the beneficiary) if irrevocable trust

there seems to be SO much completely conflicting info online, and even amongst several estate planning/asset protection attorneys I speak to, about whether or not being one's own trustee, as well as the settlor, but not the beneficiary, provides any asset protection.

Right now I'm in the process of creating an irrevocable trust such that my wife and I are the settlors, we are also the trustees, and our young minor son is the beneficiary. While I know there are obviously outliers and exceptions to any rule, I am under the impression of that assuming we don't mismanage and co-mingle any funds/assets of the trust with our own money/assets, the assets within the trust are essentially off limits to any potential creditors (creditors of me and/or my wife), since we are not the beneficiary.

Other things I read as well as attorneys I've spoken to, seem to think that is BS, and just the fact that we are trustees, and therefore have control and/or discretion of the assets in the trust, means that if I was being sued, a judge could quite easily just force my hand to liquidate the assets or transfer them over to my creditor. OR could just say that the trust is clearly my alter-ego, just by the fact that I am both the settlor and the trustee (disregarding the question of if I am mismanaging and/or co-mingling funds), simply by how I have ANY discretion over the assets themselves. While these attorneys/websites make sense, I don't know if it is a coincidence that they are also usually trying to sell me on expensive out-of-state Domestic Asset Protection Trusts or even more expensive offshore trusts in the Cook Islands. That being said, maybe they truly do know more about asset protection than your average estate planning attorney does though, who seems to think what I am doing is fine.

I'm also in NY.

Any feedback greatly appreciated!!!

πŸ‘︎ 3
πŸ’¬︎
πŸ“…︎ Oct 02 2021
🚨︎ report
James Knutson: beneficiary, general executor, entitlement holder and settlor - The Master Has Returned! canlii.ca/t/jft4t
πŸ‘︎ 10
πŸ’¬︎
πŸ“…︎ May 11 2021
🚨︎ report
Does using a nominee (bare trust) to hold shares on my behalf create a settlor-interested trust along with all the paperwork requirements?

Very sorry for the double-post today. I thought of this question after my last post (about selling these shares) and 2.5 hours of research has yielded no clear answers, so I'm hoping some guru will take pity on me.

The situation: I bought about Β£2000 worth of shares in an unlisted company when it was founded. To simplify admin, the company asked all small investors to let a nominee hold their shares in trust for them, and I agreed. The trust seems to be a bare trust because: I can assume legal ownership of the shares whenever I want, and any dividends (there have been none yet) will be paid directly to me. Neither the company nor the trustees are in the UK, they are in another EU country.

Now, I've always assumed that as the beneficiary of a bare trust, for UK tax purposes, this situation is effectively the same as if I'd owned the shares myself. Ie I would report any income and capital gains/losses as my own, as if the trust did not exist.

However, I have seen that separate special provisions/obligations apply to settlors of a trust in which they retain a beneficial interest. Since I originally bought these shares, I assume I am the settlor. What I'm trying to find out is whether any of these provisions apply to me? For example, if I receive dividend income from this company, would I have to full out the SA107 Trusts, Etc pages of the Self-Assessment, as a settlor ? Is there any other paperwork I have to complete?

I assume the answer is 'no', because I would already be reporting the income as the beneficiary of the bare trust - it seems like these rules are aimed at trying to stop settlors avoiding tax by transferring the burden to a trust/beneficiary even though they'll eventually get the benefit somehow. That makes no sense here, but I can't find a specific exception for settlor-interest bare trusts, so I'm wondering where that leaves me?

tl;dr: I bought some shares that are held by a third-party company on my behalf. I assume this creates a bare trust where I am the settlor and the beneficiary. Do I have to do a bunch of extra paperwork or can I do the usual bare trust thing of pretend the trust doesn't exist and I own the assets?

πŸ‘︎ 2
πŸ’¬︎
πŸ‘€︎ u/RightAngle101
πŸ“…︎ Nov 24 2020
🚨︎ report
Blood Eagle + Settlor random event

Has anyone come across a random event in Cranberry Bog (could appear in other locations, only seen it in this place though) where a group of Settlors are tied to a fridge and an explosion goes off next to them?

I usually noticed it because I hear the explosion. I go over and the Settlors are still alive, but when I interact with them, they all die and the Blood Eagles hiding nearby come out to attack me.

I assume this is bugged in some way what with the Settlors being alive after the explosion and then all dying at the same time?

πŸ‘︎ 3
πŸ’¬︎
πŸ‘€︎ u/Reaper0444
πŸ“…︎ Jun 02 2020
🚨︎ report
Joint Trust Division Upon Death of First Settlor

Background: Recently passed bar (OK) and looking into estate planning. Working in a small town of mostly farmer/ranchers. The majority of the clients asking for estate planning work have been married for 40+ years, adult children, and assets are nearly all joint and well below the exemption.

Question: Nearly all of the forms I am looking at for joint trusts are still utilizing the AB Trust method upon the death of the first settlor to die. These forms are from 2018-2019. Can someone explain why this is still the right method? I realize this is the way to go if you want to make a portion of it irrevocable upon the first death, but, for the family situations I describe above, I think it makes more sense for the surviving settlor to just retain the trust estate upon the death of first settlor. With portability and the step-up in basis I just don't see why you would still use the AB Trust in these type of situations.

Appreciate any advice/guidance

πŸ‘︎ 2
πŸ’¬︎
πŸ‘€︎ u/more__coffee__plz
πŸ“…︎ Mar 03 2020
🚨︎ report
My fiancΓ© wants to SBR her rifle. I am the settlor of our trust (she is co-trustee). Should she do the filing (because it’s her gun) or can I do it?
πŸ‘︎ 8
πŸ’¬︎
πŸ‘€︎ u/AYKAYFOETEESEMN
πŸ“…︎ Aug 05 2019
🚨︎ report
What happens if shares are not transferred before the settlor of a will dies?

I'm very confused by this part of a problem question I have.

The settlor (S) wrote in his will that his shares should go to a trustee (T) and that they have been informed what to do with them.

Essentially they are to hold them for the beneficiary (B) and pay the dividends to B.

The main problem is that S died suddenly before transferring the shares to T.

What happens in this scenario?

πŸ‘︎ 3
πŸ’¬︎
πŸ‘€︎ u/dootsydora
πŸ“…︎ Apr 25 2020
🚨︎ report
Where to get a settlor to make a Family trust using cleardocs template?

Hi,

I am thinking of making a family trust and went through the cleardocs template. It looks like it should be enough for my needs but I need a settlor to settle the money into trust and it shouldn't be any beneficiary.

Is there some place I can go to where somebody could be the settlor for my trust?

I know generally the lawyer at the law firm you hire does it, but I don't feel like I need any more consultation than just somebody being the settlor.

πŸ‘︎ 9
πŸ’¬︎
πŸ‘€︎ u/reversyreversy
πŸ“…︎ Dec 06 2019
🚨︎ report
TIL β€” "settlor" is a word (when it's not a misspelling of "settler")

TIL:

"settlor" (with an "o") is a term used in trust law.

  • https://en.wikipedia.org/wiki/Settlor
  • https://www.google.com/search?q=define:settlor
  • https://www.merriam-webster.com/dictionary/settlor
πŸ‘︎ 15
πŸ’¬︎
πŸ‘€︎ u/tqgibtngo
πŸ“…︎ Feb 03 2020
🚨︎ report
Trust Experst of Reddit, once a Settlor, always a Settlor - right?

At my workplace, some people put comments like "XYZ is not a settlor anymore" on client files. I told them that a settlor cannot be removed like a Trustee or Beneficiary, but rather that a settlor remains a settlor irrespective of what happens during the lifetime of the trust.

Could someone shed some light on whether my view is correct, or not?

πŸ‘︎ 3
πŸ’¬︎
πŸ‘€︎ u/SailorNebula
πŸ“…︎ May 03 2019
🚨︎ report
Trust setup to continue holding assets after settlors death?

Does anyone have their trust setup to avoid having to transfer assets to a new trust upon the settlors death? I am thinking it would be ideal to have the trust remain private when these changes occur if possible.

I'd appreciate people sharing verbiage from their trust if they do have this provision included in their trust.

Note: Please refrain from recommending I speak to a lawyer for advise. I'm looking for thoughts from people that have this provision included in an existing trust.

πŸ‘︎ 2
πŸ’¬︎
πŸ“…︎ May 04 2016
🚨︎ report
What happens to NFA items on a Revocable Living Trust once the Grantor/Settlor dies?

My dad has several NFA items. Would I have to create a new trust and pay $200 transfer Tax per item once he dies? I am on his trust as a Successor Trustee.

πŸ‘︎ 3
πŸ’¬︎
πŸ‘€︎ u/oooo_ahahahah
πŸ“…︎ Mar 21 2018
🚨︎ report
Do successor trustees have to submit prints/etc when the settlor files a Form 1/4?

I'm filing out the form for the 199Trust and it asks for a successor trustee. Will this trustee need to submit anything when I file for a Form 1 suppressor?

πŸ‘︎ 4
πŸ’¬︎
πŸ‘€︎ u/makenzie71
πŸ“…︎ Aug 02 2016
🚨︎ report
How have some of you structured your trust? Settlors, Beneficiaries, Trustees?

Are you married, male? Is your wife a settlor? Did you form this with a bunch of other people? Are your trustees listed as beneficiaries? Did you list blood relatives as beneficiaries? Who is listed as trustee to step in and decide if beneficiaries should not have the items?

Sorry, feel free to make is as vague as you want. Just wondering if there are others in the same boat as me. I am early middle aged, married, with a child on the way. Family is out of state. Want to make sure my children get the NFA items, but they are in safe hands until then. Thanks in advance for any answers.

πŸ‘︎ 5
πŸ’¬︎
πŸ‘€︎ u/sonusfaber
πŸ“…︎ Aug 14 2015
🚨︎ report
Gun Trust - add all existing firearms?

I'm setting up a trust (online National Gun Trust) for NFA items I'd like to purchase or convert to SBR. Primarily silencers, but I want to Form 1 a few receivers.

Question: Should I add all existing firearms to the trust? Or only receivers that I might want to SBR?

Reading the document, it seems like a handy vehicle to share ownership and ensure things are passed on when I'm gone. What is the downside to putting all items in there?

πŸ‘︎ 12
πŸ’¬︎
πŸ‘€︎ u/gaucho95
πŸ“…︎ Jan 03 2022
🚨︎ report
Blind Girl Here. Give Me Your Best Blind Jokes!

Do your worst!

πŸ‘︎ 5k
πŸ’¬︎
πŸ‘€︎ u/Leckzsluthor
πŸ“…︎ Jan 02 2022
🚨︎ report
Dropped my best ever dad joke & no one was around to hear it

For context I'm a Refuse Driver (Garbage man) & today I was on food waste. After I'd tipped I was checking the wagon for any defects when I spotted a lone pea balanced on the lifts.

I said "hey look, an escaPEA"

No one near me but it didn't half make me laugh for a good hour or so!

Edit: I can't believe how much this has blown up. Thank you everyone I've had a blast reading through the replies πŸ˜‚

πŸ‘︎ 19k
πŸ’¬︎
πŸ‘€︎ u/Vegetable-Acadia
πŸ“…︎ Jan 11 2022
🚨︎ report
GMs, Your Players Need to Respect You & Your Fun (Tools for Defining Player Principles, Setting Boundaries, & More)

Recently, I've seen a spate of GMs posing questions such as "what do I do if my PCs keep purposefully abandoning plots I lay out for them just to fuck with me" or "one of my players has crafted some unholy monstrosity of a character that is a poor moral or mechanical fit for the party."

These types of statements usually end with the same question: "what should I do?" Hopefully, this post will help you assert boundaries as a GM and run a table where you have just as much fun as your players.

What Even Is a GM, Anyways?

There's a strange all-too-common misconception that GMs exist to provide players with a game. That they are to act as the arbiter of rules, the settlor of social disputes, the tyrant of game schedules, and perhaps most importantly, a sort of omnipotent vessel the players use to have fun.

Bullshit.

As a GM, you are every bit as much a player of TTRPGs as your players themselves are. Yes, the role is different, as are the responsibilities. But at the end of the day, you - just like your players - are here to spend time with friends doing something fun. Running your games should be every bit as enjoyable and fun for you as it is for your players.

Yeah, you may prep. Yes, you have the final say when it comes to rules. But you are still playing the game with the players, not for them. You need to establish a collaborative relationship with the players wherein everybody is concerned with everyone else's fun as much as their own, and your players genuinely respect you, your efforts, and your time. To do that, you need to establish boundaries.

Setting Boundaries: Contextualizing the Role of Players

There's a wonderful little PBTA-style sci-fi game called Uncharted Worlds by Sean Gomes that I love for a lot of reasons (if you like sci-fi check it out, it is wonderful), one of which is its section on player principles. They're applicable to just about any system, and I highly suggest introducing them to the table as part of your session 0. They read as follows:

>Act with conviction: *When a character wants to do something, simply make the attempt. Asking the GM, "Can I do X?" is not a fair question. The GM doesn't know what your character can do. At best, the GM will flat out say no because it's not physically possible, but that's just logic. Otherwise, it is up to the player to determine what their charac

... keep reading on reddit ➑

πŸ‘︎ 973
πŸ’¬︎
πŸ‘€︎ u/TAEROS111
πŸ“…︎ Nov 28 2021
🚨︎ report
What starts with a W and ends with a T

It really does, I swear!

πŸ‘︎ 5k
πŸ’¬︎
πŸ‘€︎ u/PsychedeIic_Sheep
πŸ“…︎ Jan 13 2022
🚨︎ report
Advice on Mothers Inheritance.

Hey all. So i have POA over my mother and recently she has inherited money from her father who passed earlier this year. I guess im wondering what some others would do/suggest in this situation. Mom is handicapped and in a private room at a full care facility. She is ?67? Years old. She will be getting a brand new power chair so that is not a lingering expense in the near future. She inherited ~150k. (Well more but i have plans to max her TFSA and try and get dividend positive cash flow which ill try filtering into her chequing account monthly or so) Her expenses are slightly more than her pension, oas,cpp ect..

πŸ‘︎ 7
πŸ’¬︎
πŸ‘€︎ u/VE7BHN_GOAT
πŸ“…︎ Dec 28 2021
🚨︎ report
Can my sister take me off my father’s living trust if she has power of attorney?

On my father’s will, it states that everything should be divided equally between my sister and I. She is ten years older than me, so when my father became sick ten years ago he gave her power of attorney. She has never had a job and has been living under his roof her whole life. She is also a drug addict.

The power of attorney states that, β€œMy agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:”

He signed everything underneath, which included

  • β€œCreate, amend, revoke, or terminate an inter vivos, family, living, irrevocable, or revocable trust”

  • β€œCreate or change a beneficiary designation”

Half of me wants to believe that she didn’t change anything on the trust but the other half of me believes she did. We aren’t on good terms, especially after she stole my college fund from me. Can she actually remove me from the will?

πŸ‘︎ 257
πŸ’¬︎
πŸ‘€︎ u/thedazycatlady
πŸ“…︎ Dec 24 2021
🚨︎ report
What is a a bisexual person doing when they’re not dating anybody?

They’re on standbi

πŸ‘︎ 11k
πŸ’¬︎
πŸ‘€︎ u/Toby-the-Cactus
πŸ“…︎ Jan 12 2022
🚨︎ report
Geddit? No? Only me?
πŸ‘︎ 6k
πŸ’¬︎
πŸ‘€︎ u/shampy311
πŸ“…︎ Dec 28 2021
🚨︎ report
I wanna hear your best airplane puns.

Pilot on me!!

πŸ‘︎ 3k
πŸ’¬︎
πŸ‘€︎ u/Paulie_Felice
πŸ“…︎ Jan 07 2022
🚨︎ report
E or ß?
πŸ‘︎ 9k
πŸ’¬︎
πŸ‘€︎ u/Amazekam
πŸ“…︎ Jan 03 2022
🚨︎ report
No spoilers
πŸ‘︎ 9k
πŸ’¬︎
πŸ‘€︎ u/Onfour
πŸ“…︎ Jan 06 2022
🚨︎ report
Covid problems
πŸ‘︎ 7k
πŸ’¬︎
πŸ‘€︎ u/theincrediblebou
πŸ“…︎ Jan 12 2022
🚨︎ report
These aren't dad jokes...

Dad jokes are supposed to be jokes you can tell a kid and they will understand it and find it funny.

This sub is mostly just NSFW puns now.

If it needs a NSFW tag it's not a dad joke. There should just be a NSFW puns subreddit for that.

Edit* I'm not replying any longer and turning off notifications but to all those that say "no one cares", there sure are a lot of you arguing about it. Maybe I'm wrong but you people don't need to be rude about it. If you really don't care, don't comment.

πŸ‘︎ 12k
πŸ’¬︎
πŸ‘€︎ u/Lance986
πŸ“…︎ Dec 15 2021
🚨︎ report
I had a vasectomy because I didn’t want any kids.

When I got home, they were still there.

πŸ‘︎ 10k
πŸ’¬︎
πŸ‘€︎ u/demotrek
πŸ“…︎ Jan 13 2022
🚨︎ report
Spi__
πŸ‘︎ 6k
πŸ’¬︎
πŸ‘€︎ u/Fast_Echidna_8520
πŸ“…︎ Jan 11 2022
🚨︎ report
I dislike karma whores who make posts that imply it's their cake day, simply for upvotes.

I won't be doing that today!

πŸ‘︎ 15k
πŸ’¬︎
πŸ‘€︎ u/djcarves
πŸ“…︎ Dec 27 2021
🚨︎ report
The Ancient Romans II
πŸ‘︎ 6k
πŸ’¬︎
πŸ‘€︎ u/mordrathe
πŸ“…︎ Dec 29 2021
🚨︎ report
How do you stop Canadian bacon from curling in your frying pan?

You take away their little brooms

πŸ‘︎ 6k
πŸ’¬︎
πŸ‘€︎ u/Majorpain2006
πŸ“…︎ Jan 09 2022
🚨︎ report
School Was Clothed
πŸ‘︎ 5k
πŸ’¬︎
πŸ‘€︎ u/Kennydoe
πŸ“…︎ Jan 08 2022
🚨︎ report
I did it, I finally did it. After 4 years and 92 days I went from being a father, to a dad.

This morning, my 4 year old daughter.

Daughter: I'm hungry

Me: nerves building, smile widening

Me: Hi hungry, I'm dad.

She had no idea what was going on but I finally did it.

Thank you all for listening.

πŸ‘︎ 17k
πŸ’¬︎
πŸ‘€︎ u/Sk2ec
πŸ“…︎ Jan 01 2022
🚨︎ report
It this sub dead?

There hasn't been a post all year!

πŸ‘︎ 13k
πŸ’¬︎
πŸ‘€︎ u/TheTreelo
πŸ“…︎ Jan 01 2022
🚨︎ report
Couch potato
πŸ‘︎ 8k
πŸ’¬︎
πŸ“…︎ Dec 31 2021
🚨︎ report
What did 0 say to 8 ?

What did 0 say to 8 ?

" Nice Belt "

So What did 3 say to 8 ?

" Hey, you two stop making out "

πŸ‘︎ 9k
πŸ’¬︎
πŸ‘€︎ u/designjeevan
πŸ“…︎ Jan 03 2022
🚨︎ report

Please note that this site uses cookies to personalise content and adverts, to provide social media features, and to analyse web traffic. Click here for more information.