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Board Certified Specialist in Estate Planning and Probate Law
          

        

 

An explanation of North Carolina Trustee Benefits


 

Welcome to nctrustee.com.  Living Trusts eliminate costs of probate administration and, if structured properly, minimize federal and state estate taxes. A Living Trust is a legal arrangement in which an individual (the trustor or grantor) gives fiduciary control of property to a person or institution (the trustee or grantee) for the benefit of beneficiaries. The trustor of a Living Trust can also be the trustee and the beneficiary during the trustor's competent lifetime. If the trustor becomes incompetent, the Living Trust continues for the lifetime of the trustor under a successor trustee. The designated successor Trustee manages trust property for the benefit of the trustor or any other stated beneficiaries. If the Living Trust is revocable, a trustor may revoke a Living Trust during the competent lifetime of the trustor through written notification to the then acting Trustee. In addition, the trustor can designate more than one individual to act as Co-Trustees.

The position of successor trustee is of utmost importance since the Trustee must impartially manage, invest, safeguard and eventually distribute the trust property in accordance with the Living Trust agreement. Trustees do not have to have intense investment knowledge as long as the Trustee knows when and whom to hire to assist them with the Trustee's investment duties. Above all, a Trustee must have integrity and be knowledgeable about fiduciary responsibilities to the beneficiaries along with a good understanding of sound financial practices. Since a Trustee's charge is to manage the trust property, the Trustee must be above reproach in financial dealings and be able to responsibly manage various types of trust property.

More discussion on Living Trusts and Trustees can be found in our sections on avoiding probate through Living Trusts ("Living Trusts"), "Probate - Understanding Living Trusts", "How you can Avoid Probate, Save Taxes and More", "What's so bad about Probate", "Doesn't Joint Ownership Avoid Probate?" "Probate - if something happens to me, who has control?," "Probate - how can a living trust save on estate taxes?" We also offer instructions on choosing a Trustee, the responsibilities of a Trustee and provide the Trustees guidance during the time they serve as Trustee.

This trustee information is maintained by Dan Brady, Attorney and Certified Public Accountant, located in Raleigh, North Carolina.  Dan is a partner in the firm of Nicholls & Crampton, P.A.
 
 
Please visit our site to learn more about North Carolina probate and other areas of law in which we may be able to assist you in the management of your estate and legal affairs.


Telephone: 919-782-9500
Telefax: 919-573-1430
Web: www.bradynordgren.com
E-mail: lawyers@bradynordgren.com

Brady, Nordgen, Klym & Morton, PLLC

2301 Sugar Bush Rd., Suite 450
Raleigh, NC 27612

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