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How long can a trust last in Virginia?

An irrevocable trust instrument is permanent. Although Virginia does not impose an estate tax on the state level, Virginia residents subject to the federal estate tax may consider using an irrevocable trust as a tax planning tool to help minimize estate tax liability.

Who is the beneficiary of a trust in Virginia?

Beneficiary means a person that (i) has a present or future, vested or contingent, beneficial interest in a trust; (ii) holds a power of appointment over trust property; or (iii) is an identified charitable organization that will or may receive distributions under the terms of the trust.

What is the legal requirement for a trust?

It must be certain what property is to be subject to the trusts and what part or share of the property each beneficiary is entitled to since the trustee is to know what property he is meant to have in his control in the interests of the beneficiary.

Who can serve as a trustee of a deed of trust in Virginia?

Generally, the trustee must be an attorney, title insurance company, trust company, bank, savings and loan, credit union, or other company specifically authorized by law to serve as a trustee.

What are the rules for a trust in Virginia?

Anyone can make a trust in Virginia as long as they follow the requirements as listed in the statute. The settlor must have the proper mental capacity and must intend to create the trust. Furthermore, the settlor must name a beneficiary for the trust and a trustee to manage it.

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What is an example of a trust account?

An escrow account, for example, is a type of trust account for real estate, through which a mortgage-lending bank holds funds to be used to pay property taxes and homeowners insurance on behalf of the home buyer. A revocable living trust is another common type of trust, and is used in estate planning.

What are the 3 requirements of a trust?

Certainty of intention: it must be clear that the testator intends to create a trust. Certainty of subject matter: it must be clear what property is part of the trust and property, including sum of money, cannot be separated. Certainty of objects: it must be clear who the beneficiaries (objects) are.

Should a brokerage account be in a trust?

Brokerage accounts in your name will likely go through probate when you die. To avoid probate on brokerage accounts, you must create a trust or fill out a TOD (transfer on death) form to transfer the money directly to your beneficiaries.

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