- 33 - If you, as the original Exchanger (Settlor) are the only Trustee and a Successor Trustee has already been named, you do not need a Protector. A Protector eliminates a need to go to Court to change Trustees. TRUSTEES Trustees hold the legal and equitable title to the property in Trust, for the benefit of the Beneficia- ries/Capital Unit Holders. They do not, however, actually own the property. A Trustee cannot also be a Beneficiary/Capital Unit holder. Trustees have no rights to the “beneficial interest” in the form of income and profits. However, they can receive a con- tractually agreed upon compensation in return for their Trustee services. Trustees have Management Control of the Pure Trust Organization. There can be one Trustee or as many Trustees as desired. All of the Trustees can work together in managing the Trust or any or all Trustee(s) can delegate management authority to one or more Managing Trustee(s) to transfer property, open and operate and bank accounts, and take care of the day to day operations. Adversarial (Unrelated) Trustees In order to maintain the tax immunity qualities of the Pure Trust Organization, it is important that it is not considered a “Grantor” Trust, which is required to file a 1041 Form. According to the I.R.S.: “The title of ‘grantor trust’ arises when there is no trustee with averse interest.” The words “adverse” or “adversarial” mean unrelated. The rule of structure is that; “the majority of trustees must have an interest ‘adverse’ or unre- lated to that of the beneficiaries/capital unit holders. This means that if the beneficiaries are your wife/husband/children, the majority of trust- ees cannot be related to them. Therefore, for example, if you were a man and wanted to be a trustee and make your wife and children beneficia- ries, you must also have at least two other unre- lated Trustees. If you and your wife both want to be trustees, there must also be at least three other unrelated Trustees. Our company can provide adversarial (unrelated) trustees for you at a minimal cost. These trustees will delegate the authority to your Managing Trustee to open thePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011