Asset Protection-Joint Tenancy and Intentionally Defective Irrevocable Grantor Type Trust

Asset - Asset Protection-Joint Tenancy and Intentionally Defective Irrevocable Grantor Type Trust

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Ask any lawyer, accountant, life guarnatee agent, financial planner, mortgage brokers, stock brokers, or any lay someone for his definition of asset safety and he will likely tell you that it's the positioning of your assets against inherent creditors who can sue you for typical negligence.

What I said. It just isn't the final outcome that the true about Asset. You check out this article for home elevators what you need to know is Asset.

Asset

My definition is beyond the mere positioning of assets; it's the preservation of your current and hereafter lifestyle against inherent frivolous lawsuits, the probate process, the estate tax, and the nursing home spend-down.

Asset safety is protecting you against anyone that can take money out of your pocket, including:

- A inherent creditor and his very cleaver lawyer for age discrimination, racial, gender, religious, sexual harassment, gossip, malpractice, product liability, environmental, personal perceived or real injury, divorce, and a host of other real or manufactured reasons.

- The U. S., State, and Local government through the imposition of wage taxes, gift taxes, legacy taxes, state and excise taxes, property taxes, enterprise taxes, gasoline tax, cigarette tax, telephone passage fees, enterprise licenses, dog licenses, trash collection fees, and a host of other fees.

Many attorneys unwittingly propose coarse ways that do not safe assets. The Revocable Trust, otherwise known as the Revocable Living Trust is not worth the paper it's written on. The revocable trust is plainly that "revocable" anyone created by the owner with power to undo has the power to do, i.e. Lose it in a lawsuit. Even uncomplicated things as keeping title to real estate.

What Is Joint Tenancy?

Most attorneys do not understand the legal consequences of owning property as "Joint Tenancy", also known as Joint Tenancy with the right of survivorship, is plainly bad advice. Owning property as "Joint Tenants" gives each member (husband and wife, possibly with other co-owners) the right to use the "whole" property with possession to occupy the whole property, with stocks, or bank accounts, and the right to Spend The Whole Amount.

Joint Tenancy gives the right to "each person" to replacement the interest in the property Without request Permission from the other co-owners. The survival rights, such as in when a Joint Tenant dies, means the share of the deceased Tenant automatically becomes that of the other co-owners.

Joint Tenancy is the most coarse form of co-ownership for many assets such as:

- Bank accounts - Brokerage accounts - Real estate

Why Is Joint Tenancy Used?

So why use Joint Tenancy? The riposte is simple. It's easy to set up a self-induced high possession in their name leading to misguided misinformation and not requiring the services of an attorney. Consequently, when a joint co-owner dies, the whole asset becomes that of the other co-owners. The question is that Joint Tenancy is field to the full loss in a lawsuit. So, if one of the co-owners gets sued and loses, the whole asset is at risk and may cause the forced sale of the asset to satisfy the claim. You should not hold title to any asset as a Joint Tenant with right of survivorship. Never rely on co-ownership as a way to safe your assets. It doesn't work.

What Is An "Intentionally Defective Irrevocable Grantor Type Trust"?

The preferred method of keeping all indispensable assets is through an Irrevocable Trust or an Intentionally Defective Irrevocable Grantor Type Trust.

The "intentional" blemish in the Trust business agreement arises because the trust instrument is "intentionally designed" for the "Grantor" to be the deemed "Owner" for wage tax purposes under Internal wage Code sections (Irc) §671-§678 but completed for gift and estate tax purposes under Irc §2036-§2038 and out of the estate for Estate Taxes.

A Trust is nothing more than a secret compact between the Owner, the Trustee, for the benefit of Beneficiaries which can consist of the primary owner, his spouse, his children, and anyone else the owner desires to consist of in his beneficiary stream.

What Is A "Grantor-Type Trust"?

The "Grantor-Type Trust" is a tax loophole. The Irs considers these type of arrangements as disregarded entities, meaning that the Irs will inflict a tax on the nearest someone it can get it's hands on. The wage and expenses pass through to the Grantor on his form 1040. It's tax neutral. For tax purposes the Irs does not care who pays the taxes, as long as someone pays the taxes. For the Irs's convenience, the Irs deems that the Grantor is the Taxpayer and looks to the Grantor to pay the taxes.

What Do You Mean By "Intentionally Defective Trust"?

The Intentional Defective Trust is "irrevocable" for asset safety purposes. The Grantor repositions his assets by transferring his assets to the Trust by gift or by some other expedient of equal value in order to avoid fraudulent conveyance. Assets repositioned to the Defective Trust, when designed with an Independent Trustee, delineates absolute possession from the Grantor to the Independent Trustee. Because of the independence of the Trustee, the owner will avoid frivolous lawsuits, eliminate the probate process, and eliminate the estate taxes.

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