How Do You Refer to or Name a Trust?

How Do You Refer to or Name a Trust?
question

CAN A TRUST ACCOUNT BE TITLED UNDER DECEASED NAME FBO OF BENEFICIARY WITHOUT TRUSTEES LISTED ON BROKER STATEMENT

answer

Let's give a bit of background for other visitors to this site. The "Trust" you are referring to is a trust indenture, or trust agreement, not to be confused with an ITF or "in trust for" type of bank or brokerage account. Trusts are managed by the trustees who hold nominal legal title for the beneficiaries. Because of this trust assets, accounts, insurance, etc. are typically listed "John Smith as Trustee of the Jane Doe Trust, u/a/d 12/1/04" for a trust for which John Smith is the trustee. The name of the trust is the "Jane Doe Trust". An that trust instrument was signed (executed) on 12/1/04. You will also run into different formats and styles based on various institutions where you open accounts. A common problem is that the account opening forms and/or the computer programs for account data that appears on account statements may have conventions or truncated fields so that what actually appears can be different. A problem with listing trustees is that when a trustee changes you have to get the appropriate documentation to the brokerage firm to change the account title and signature cards. Finally, you mentioned the "deceased name". If a trust is formed under a will (called a testamentary trust) it may be referred to by a name actually designated in the Will (or revocable living trust if one was used), and often will have a reference to the provision in the will forming it. So for example, if the above trust was formed under a will of Harry Smith it might be called: "John Smith as Trustee of the Article XVI.3.A Trust under the will of Harry Smith DOD 2/12/05", if Harry died on February 12, 2005. Again, there are different customs and styles as to how this can be done.

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