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Henderson Trust Ready for "B" Trust? Click Here.

The Henderson Trust is a Special Power of Appointment Irrevocable Trust governed by the laws of Nevada. There are significant advantages to having your trust 'domiciled' in Nevada. First, the trust laws of Nevada are considered the best in the country, make it difficult, if not impossible, for a well constructed and well managed trust to be 'pierced' by a court looking to collect damages from the trust's settlor. An additional benefit of having your trust 'domicled' in Nevada is that Nevada does not have state income tax nor does it have state capital gains tax.

The Henderson Trust provides the legal framework to protect your assets from frivolous law suits and far-reaching courts. To fully establish that your Trust is domiciled in Nevada, the majority of your trust's assets need to reside in Nevada. This is accomplished by operating your Trust's investment activities out of a checking account in a Nevada bank. Additional evidence that your trust is domiciled in Nevada comes when your Trust has a Nevada address. This is accomplished by having a residence in Nevada, or, good but not as good, having a Nevada mail forwarding address. Ideally, but not necessarily, your IRS Employer's Identification Number (EIN) should have a Nevada mailing address (you will need an EIN number to set up a checking account for your trust).

While having a trust domiciled in Nevada does not guarantee that your trust's assets are totally secure, most trust specialists agree that the Nevada trust laws offer the best asset protection available in the United States. However, it is still your responsibility to operate the trust according to the law and to maintain good accounting and record keeping practices. No matter how good your trust is, if you do not operate it like a trust a court can rule that it is not a valid trust, and access the trust's assets to fulfill claims against you.

To have the strongest trust, we recommend proper and careful operation of your trust's business, using a Nevada bank for your trust's activities, and maintaining a Nevada address, either by residence or mail forwarding. As some people may already have a Nevada mailing address, or prefer to keep their current mailing address, we offer two trust packages.

Frequently Asked Questions

Henderson Trust, your address - $500

  • Comprehensive 34 page Trust document
  • Irrevocable Trust Operating Handbook (91 pages)
  • EIN Worksheet
  • Bank Application Worksheet
  • Trust and Worksheets e-mailed to you
PLEASE COMPLETE WORKSHEET BEFORE APPLYING FOR TRUST!
Please print out and complete the following worksheet before applying for a trust: worksheet-trust-no-mail-forwarding-121013.pdf.
This worksheet shows all of the information you will need to successfully complete your trust application. Completing this worksheet will ensure that you have all of the information you need when you apply for your trust.
 

Note: please call our office at 641-799-7786
to order and pay for a trust.

 
 

Henderson Trust, with Mail Forwarding $575

  • Comprehensive 34 page Trust document
  • Irrevocable Trust Operating Handbook (91 pages)
  • Mail Forwarding Address Setup and first three month's fee paid
    ($29.97/3 months + $20.03 postage + $25 setup)
  • Mail Forwarding address used within your trust
  • EIN Worksheet, with Mail Forwarding address used as address
  • Bank Application Worksheet
PLEASE COMPLETE WORKSHEET BEFORE APPLYING FOR TRUST!
Please print out and complete the following worksheet before applying for a trust: worksheet-trust-with-mail-forwarding-121013.pdf.
This worksheet shows all of the information you will need to successfully complete your trust application. Completing this worksheet will ensure that you have all of the information you need when you apply for your trust.
 

Note: please call our office at 641-799-7786
to order and pay for a trust.

 

 

 

Frequently Asked Questions    

What is the process to remove a trustee who does not want to be trustee any more?

Once your trust has been executed and you will need to change trustees by creating a new minute. Number the minute as the order of minutes, meaning if you are at the 4th minute, it will be minute number 4 and so on.


I will be asking another person to become the new trustee. Do I need to send this person the Operating a Trust handbook before they make their decision?

Yes this is what you need to do. It is important for a person to understand what their responsibilities will be prior to them accepting the position of Trustee. Or, you can ask someone from your group who is already familiar with the responsibilities of a trustee to be a trustee for your trust.


What is the mechanism to remove or add beneficiaries? Can I add my wife or husband as a beneficiary to the trust A and remove our son (who will become a beneficiary in the Trust B)?

Is this person a Trustee of your trust? If so, you can add him or her. Your son or daughter should remain a beneficiary of the A trust. You should be a beneficiary of the B trust. The B trust ends at your passing and the assets revert back to the A trust, unless you say otherwise in the future.


Does Nevada require the trust to be recorded?

It is optional in Nevada, and if you want your trust to remain "blind", do not file the trust with any state.


Does the trust become a legal binding document once all signatures are entered?

Yes, but you can end it as long as your are alive.


Have a question about trusts that is not answered here?

Click here to send TJ a question: tj@hendersontrustgroup.com. Please put "QUESTION FOR TRUST FAQs" in the subject of your e-mail.