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Trusts

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Supplemental Needs Trust (7 Pages)
$ 19.00

This Form is a Supplemental Needs Trust created by a third party. This means that it is the assets of the third party, not those of the beneficiary, that are being used to fund this Trust. This means that the grantor of the Trust may provide that when the Trust terminates, an alternative beneficiary may receive the balance of the remaining trust assets, if any (as opposed to the state Medicaid authorities).

Subchapter S Corp Permitted Electing Small Business Trust (13 Pages)
$ 39.00
This Trust is an Electing Small Business Trust, i.e. a Trust created to follow the rules and requirements that allow this Trust to be treated as a valid Subchapter S corporation shareholder. The Electing Small Business Trust is often used in estate and/or income tax planning where S corporation owners wish to transfer some of the Subchapter S corporation shares, but do not wish their children to gain any control over the corporation (hence no outright transfer) or be obliged to receive annual distributions of income (as would be the requirement if a Qualified Subchapter S Trust were created). The “ESBT” allows more control of the stock and its income by the Trustee. The Trust may also hold property other than the shares of a Subchapter S corporation.
Split Dollar Life Insurance Agreement (With Irrevocable Life Insurance Trust As Policy Owner) And Collateral Assignment Of The Policy To The Employer By The Trustee (11 Pages)
$ 49.00

Split Dollar Life Insurance Agreement (With Irrevocable Life Insurance Trust As Policy Owner) And Collateral Assignment By Trustee (11 Pages)

Included herewith are two (2) Forms:

1. A Split Dollar Agreement (With Irrevocable Life Insurance Trust As Policy Owner) and

2. The Collateral Assignment Of The Policy To The Employer By The Trustee

The purpose of the Split Dollar Agreement ("SDA") is to allow an employee to have life insurance premiums paid for his or her benefit by the employer and, upon the death, or other termination, of the employee, to allow the employer to be reimbursed for the premiums paid.

In this Split Dollar Form, the owner of the policy is an irrevocable life insurance trust created by the employee. Thus, the trustee of the trust, as the policy owner, must be a party to the SDA.

Revocable Trust For Spouse And Children With Marital Share Outright (16 Pages)
$ 29.00
This document is a self-declaration of trust by the grantor/trustee. The “grantor” may also be referred to as the “settlor”, as in this form. It contains life benefit directives for the grantor, as well as the dispositive provisions of the grantor’s estate plan. It is completely revocable by the grantor while living. It is intended to be used in conjunction with a pour-over will. The pour-over will names this trust as the beneficiary of any of the grantor’s probate assets that pass by the grantor’s will. Such assets are then administered in accordance with the terms of this trust, along with assets that are already titled in the name of the trust. The intent in using this trust is to have most or all of the grantor’s property titled in the name of this trust while the grantor is alive in order to avoid probate. The Revocable Living Trust is commonly used in those states where probate is difficult, expensive, cumbersome, time-consuming, delay-inducing, etc.
Revocable Trust For Benefit Of Child Outright, Contingent Trusts For Grandchildren (11 Pages)
$ 29.00
This is a revocable trust created by an unmarried grantor. The grantor is the beneficiary of the trust while living, and may receive all of the trust income and principal in the grantor’s discretion. Upon the grantor’s death, one of the grantor’s children is the outright beneficiary of the trust property. If that child is not then living, the child’s issue are the successor beneficiaries, each receiving a separate share of the trust property.
Rabbi Trust (10 Pages)
$ 29.00

This is a form of a “Rabbi Trust”. It is designed to have an employer create a fund for the benefit of an employee that is set aside in a separate trust for the future benefit of the employee. Note, however, that the trust is very clear that the trust funds are available to the general creditors of the employer at all times that the trust funds have not been paid to the employee. The reason for this is tax-motivated.

Qualified Subchapter S Trust (16 Pages)
$ 39.00
This is an irrevocable trust designed to be a qualified holder of S corporation stock. In order to be so qualified, the income beneficiary of the trust must be the sole trust beneficiary, entitled to all of the trust income currently. Article 3 of the Form is designed to satisfy this and all of the other statutory requirements of a Qualified Subchapter S Trust (“QSST”). Transfers of stock held in the trust to a beneficiary that would not qualify as a qualified S corporation shareholder are deemed invalid.
Qualified Personal Residence Trust (QPRT) With Possible Return To Grantor (12 Pages)
$ 69.00

This document is a form of a Qualified Personal Residence Trust (QPRT). It satisfies the requirements issued by the Internal Revenue Service in Rev. Proc. 2003-42 for a single term holder for the shorter period of a selected term of years or the life of the holder.

This Form provides that if the personal residence is sold or otherwise fails to qualify as a QPRT during the QPRT term, the proceeds of sale, involuntary conversion, etc. are returned to the transferor.

Both the QPRT With Possible Conversion To A GRAT AND the QPRT With Possible Return To Grantor are included in the "2 QPRT Forms Bundle".  Purchase the bundle of both QPRTs and SAVE $39. This Bundle is the first title on the first page under the "Estate Planning" category.

Qualified Personal Residence Trust (QPRT) With Possible Conversion To A GRAT (Grantor Retained Annuity Trust) (16 Pages)
$ 69.00

This document is a form of a Qualified Personal Residence Trust (QPRT). It satisfies the requirements issued by the Internal Revenue Service in Rev. Proc. 2003-42 for a single term holder for the shorter period of a selected term of years or the life of the holder.

This Form provides that if the personal residence is sold during the QPRT term, the proceeds continue to be held in a Grantor Retained Annuity Trust (GRAT) to preserve the tax-favored gifting benefits commenced with the QPRT transaction.

Both the QPRT With Possible Conversion To A GRAT AND the QPRT With Possible Return To Grantor are included in the "2 QPRT Forms Bundle".  Purchase the bundle of both QPRTs and SAVE $39. This Bundle is the first title on the first page under the "Estate Planning" category.

Portability Election for Estates and Trusts - 4 Alternative Clauses (3 Pages)
$ 39.00

This Form provides alternative Portability Clauses to be used in connection with a Will or Trust. The concept of Portability was introduced in the 2010 Tax Relief Act (as new Code Section 2010 (c)) as a way to permit an election to be made for the unused federal estate tax exemption of a decedent to pass to his or her surviving spouse so the spouse could utilize the exemption. The Portability rules introduce a new phrase into the estate planning lexicon,

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