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Agent Support:

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  • ·     Applications
  • ·     Commissions
  • ·     New Business
  • ·     Personalized Webpages

Send new Trust Applications and payments to this address:

Heritage Estate Services
P.O. Box 1748
La Mirada, CA 90637
support@heritageagent.com
Phone: 800-937-9831
Fax: 888-330-0459

______________________

Client Support:

  • ·     Client Questions
  • ·     Trust Execution Support
  • ·     Trust Funding Support
  • ·     Trust Updates & Changes

Send Asset Organizers, Deeds, changes, and updates to this email or street address:

Heritage Living Trust
P.O. Box 66972
Scotts Valley, CA 95067
support@heritagelivingtrust.com
Phone: 888-437-8778
Fax: 831-438-3004

 

Client Execution/Funding Support Website:

www.heritagetrustfunding.com

 

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 This website is for Authorized Independent Representatives only.

 

NOTE: The A & AB Trust Price is $1995 Effective August 1, 2016

 

Trust Types & Prices

Click on this link for a pdf version of the different Trust Types & Prices HLT offers.

 

Types of Living Trusts

A Living Trust is officially known as an Inter-Vivos Revocable Trust. It is a

revocable statutory trust and in most cases it remains completely under

the control of the individual/s who drafted it. In the vast majority of cases

the Trustors (the ones who formed the trust) are also the Trustees (the

ones who control the trust) and also the Beneficiaries (the ones who

receive the benefit from the trust). Wearing all three hats puts them in full

control of the trust. They can do anything they want with the trust, even

terminate it at will. They control all their assets after they are funded into

the trust just as they did before they put them into the trust. Because the

trust is revocable it has no tax identity of its own. A tax identification

number is not necessary until one of the Trustors dies. A Living Trust

gives no liability protection for the assets that are in it and it has no

special tax benefits other than doubling the estate tax exemption for a

married couple.

There are several different types of Living Trusts to consider.

 

The “A” Trust $1,995:

The “A” trust is another way of indicating that the trust is for a single

person. This will be a single party trust and it is often used not only for

unmarried people but is very effective as a pre-nuptial trust where the

client wishes to identify and place their personal assets into trust prior to

being married. Assets placed into such a trust under those conditions

would be considered sole and separate property and would not be subject

to community property in states where that applies.

 

The A-A Trust $2,395:

This trust is usually used where two single people are living together as

man and wife in a common law relationship or in cases where same

gender individuals are living as partners. The distinguishing factor would

be that they are in some fashion co-mingling their financial interests or

assets (perhaps buying a home together) but are not living under the laws

governing legal marriage. This is essentially two “A” trusts but with some

differences to provide for the legalities of the situation. Each applicant needs

to complete his own separate application for the A-A Trust.

 

The A-B Trust $1,995:

The AB Living Trust is used for couples that are legally married. This trust

gives each spouse the opportunity to individually declare the heirs of the

assets that they bring to the trust. It usually uses the spouse as the

default beneficiary at the first death of a spouse leaving everything to the

surviving spouse. It has another very important feature. In a day and age

when people are marrying two and three times or more, it provides that

each spouse can individually designate the beneficiaries of their individual

assets such as to children from a previous marriage. At the death of a

Trustor the deceased’s half of the Living Trust becomes irrevocable (it

becomes the “B” Trust) preventing the surviving spouse from changing

any bequests the deceased spouse may have made, thus insuring that

the wishes of the deceased spouse are honored.

An A-B Trust also effectively doubles the estate tax exemption on the death

of the second spouse

 

The QTIP or A-B-C Trust $2,395:

This stands for “Qualified Terminable Interest Property Trust. This trust is

used for married couples where their total assets exceed the estate tax

exemption. Under normal circumstances estate taxes would have to be

paid in full within 9 months of death of the first spouse on the excess over the estate tax

exemption. This could create a huge problem if the excess was very

large. The exemption for 2016 is $5.45 million.

If an estate is worth $6.45 million in 2016 and an exemption of only

$5.45 million was allowed, it would have created a $1 million dollar taxable excess

and the estate tax on that $1 million could be $350,000 dollars or more.

If the estate is not liquid enough to pay the $350,000 dollars of estate tax, something

would have to be sold or liquidated from the estate to pay the tax. It would also

constitute a sizable reduction to the estate that could be a serious disadvantage

to the surviving spouse

The QTIP Trust provides for relief from this situation by moving the due date

for payment of the estate tax out to 9 months after the death of the

second spouse.

For example, upon the death of the first spouse, $1 million would have gone into the B Trust,

$1 million would have gone into the surviving spouses A Trust, and $1 million

would go into the C Trust.

The surviving spouse can take all the income from the C trust for

maintenance, education, and health maintenance but those privileges are

limited. Specific rules apply to this provision governing how much the

surviving spouse can remove from the trust and we recommend that you

research this provision and familiarize yourself with the specifics.

 

The QDOT Trust $2,395:

The QDOT Trust is essentially the same as the QTIP Trust with the

exception that it applies to married couples where one or more of the

spouses is a non citizen resident alien. To retain the estate tax benefits

the trustee of this trust must be a U.S. Citizen. A full explanation of this

trust goes beyond the scope of this manual and we suggest that you

research this provision and become thoroughly familiar with it especially if

you work with foreign nationals who may be living in this country and

have assets in excess of the current year estate tax exemption.

 

The Special Needs Provision – $100 additional charge for clients purchasing a Heritage

Living Trust.

We do a 5 page "Sub-Trust" as a Special Needs Provision to our regular Living Trust.

This Special Needs provision must be ordered at the time the original trust is done. Asking for a

Special Needs Provision to an existing trust at a later time does not qualify as a free change to the

Living Trust under our Guarantee. No additional commission is paid for the Special Needs Provision.

Situations occur where a family may have a child with special needs.

This could be permanent physical impairment or a mental or emotional

impairment requiring a lifetime of care from the parents. In this case a

Special Needs Trust may be necessary. This trust is designed to provide

for the ongoing care of the child even after the parents die. Often the child

will be on government programs or assistance that could be adversely

affected by a trust that would leave the child with assets at the parent’s

death. A Special Needs Trust provides for arrangements to use proceeds

from the Living Trust to care for the child without affecting other valued

benefits. An additional form is needed for this provision and can be

found on the Sales Form page.

 

The I.L.I.T. Trust - $700:

This trust is also known as an “Insurance Trust” and its purpose is to

remove the death benefits of the clients life insurance from his estate. Life

insurance death proceeds are countable in the Estate Tax calculation

after death and can boost the total assets of the estate over the

exemption limit causing an Estate Tax to occur on the estate. Using the

ILIT reduces the after-death estate assets by the amount of the life

insurance death proceeds and in many cases reduces or prevents the

Estate Tax from occurring altogether. This important point should be

considered in larger estates and the ILIT recommended where this

situation occurs. A separate form needed for this trust can be

found on the Sales Form page.

There are a couple caveats to remember when using ILITs:

(1) The ILIT is a taxable entity that must file its own separate tax returns

each year. However, the returns are generally simple and can be handled

easily by an accountant; and

(2) The transfer of an existing life insurance policy to an ILIT may result

in the policy proceeds being included in the taxable estate if the death of

the policyholder occurs within three (3) years of the transfer. The

recommended approach is to have the ILIT acquire a new policy and then

the three year restriction would not apply.

Click on this link to learn more about Irrevocable Life Insurance Trusts

 

The Land Trust  - $1,500 when purchased alone

                               $1,000 when purchased with a Heritage Living Trust

 

These simple title holding trusts were originally started in Illinois, so they are often

called Illinois Land Trusts. The purpose of a Land Trust is to allow one to have the

legal title to his property held by another person or trustee while retaining all of the

rights and privileges of property ownership (the beneficial interest). The trustee acts

only upon the beneficiaries’ direction. The property owner still retains all rights, such

as the right to possession, to collect rent, mortgage the property, homestead

exemption, and any other benefit he now has.

 

Avoid Probate, Save Taxes

Property held in a Land Trust can be designated for transfer of ownership whenever

you desire. Your spouse, children or other successors can bypass costly and time

consuming Probate proceedings and can sell or refinance the property without delay.

Probates often take years to settle. With a Land Trust your heirs could sell

immediately and avoid making payments on the property they inherit but don't wish

to keep.

 

Protect Your Credit Report

Public recordings related to your property will show up on your personal credit

report, thereby lowering your credit score and access to credit. If you hold title to

property in a Land Trust, any liens relating to your property will not report to your

personal credit report. This allows you time to work out the problem more favorably,

since it does not appear on your reports.

 

Insulate Your Property From Liens & Judgments

Liens, judgments, lis pendens and claims by city and county government, usually

attach to property held by a person in his or her name, or as a co-owner with others.

This can make the property more difficult to sell or refinance. Where the same

property is held in a Land Trust, legal matters affecting the beneficiaries do not pass

through to the subject property.

 

About Partners and Tenants In Common

Properties with more than one owner, benefit greatly from a Land Trust. First, it

isolates each owner from any liens, judgments or other public record filings from

being attached to the property. It also allows for partners to readily and easily sell or

transfer their interest to another investor. They can also gift the property to a family

member whenever they wish without tax or reassessment. With Land Trust

ownership, it is possible to sell property for cash and avoid the reporting of the sale to

governmental agencies, thereby entirely postponing or avoiding tax consequences. By

having only one trustee acting for all of the owners, there is no need for all of the

owners to sign necessary papers, documents and contracts, which may become

necessary from time to time. This saves time and confusion when there are several

owners.

Transferring Ownership

Many cities and counties charge hefty transfer taxes when someone sells property to

another person. They often reassess the property taxes and those taxes may be

increased considerably. In California, it is possible that the property taxes could

increase by several times. In a Land Trust, it is possible to privately transfer the

beneficial interest (the actual ownership) in the trust without so reporting to any

governmental agency. This is because a person's interest as a beneficiary of a Land

Trust is considered personal property under the law. This can be extremely beneficial

when buying out a partner or spouses interest in a property, or if you wish to deed the

property as a gift to children or grandchildren.

Privacy

Legal ownership of all property is listed with the county recorder's office in all

counties. That means your ownership information is available to anyone who wants it.

That is why property owners are constantly solicited by mortgage brokers to apply for

new loans. If you form a Land Trust, your interest in the property remains

confidential. We believe that matters of real estate ownership should be private. You

don't let everyone know your bank account number or balances. Why let the entire

world know the equivalent of your real estate holdings? A Land Trust offers a way to

maintain privacy regarding real estate ownership.

 

Call Heritage Living Trust at (888) 437-8778 with any questions.