Agreement and Declaration of an Unincorporated Real Estate Business Trust 2025

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This document is suitable when the Trustee has not yet purchased the trust asset, but intends that they will purchase the asset and will at all times hold the asset on trust for the Beneficiary. This agreement declares that the true (beneficial) owner is the Beneficiary.
Personal trusts are further divided into either 1) Under Declaration of Trust (U/D/T) meaning the grantor and the trustee are the same person and the grantor controls the trust assets, and 2) Trust Under Agreement (U/A) meaning the grantor and the trustee are different persons and the trustee controls the trust assets.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, weve seen first-hand how this critical error undermines so many parents good intentions.
An unincorporated business organization (UBO) is a business arrangement used in lieu of a company or partnership. The investor acts as the settlor of the trust and gives the management rights to the trustee, who holds title to the property for the benefit of the beneficiaries for investment purposes.
A declaration of trust serves to protect everyones interests in a property. It ensures each individual gets their entitlement regarding their initial investment when the property is sold or a share is sold. Without a declaration in place, the job of figuring out who should be repaid and how much is harder.
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