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Is it possible to simply dissolve a Pure Trust and how would

 
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Customer Question

Is it possible to simply dissolve a Pure Trust and how would I go about it?

Submitted: 516 days and 19 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED
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Expert:  Daniel Solutions replied 516 days and 18 hours ago.

Hello,
Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.

 

Each state law and process is different so I need to know in what state is the Pure Trust created?

Customer replied 515 days and 21 hours ago.

Dear Sir, I have taken no steps. The Trust is domiciled in Nevada. No funds are involved. Is it possible to override it entirely or would I need a replacement of some kind?

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Expert:  Daniel Solutions replied 515 days and 17 hours ago.

Since pure trusts are like holding assets in "nickname", meaning you have always retained the assets yourself and not help by an entitly with a separate EIN, then you can just terminate the pure trust with a written document terminating it in the same manner you executed the trust.

Not sure if you are aware but the term "pure trust" is not used in the Internal Revenue Code. Whatever the name of the arrangement, however, the taxation of the entity must comply with the requirements of the Internal Revenue Code. The requirements are based on the economic reality of the arrangement, not its nomenclature. If the pure trust meets the definition of a trust, then it would be taxed under simple, complex, or grantor trust rules, depending on the trust instrument.
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Category: Estate Law
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Answered: 11/20/2011

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Customer replied 515 days and 15 hours ago.

Then, I would essentually just take the document revoking the trust to the clerk of the court and the property and the cars would be returned to me or a new revocable trust put in place?

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Expert:  Daniel Solutions replied 515 days and 15 hours ago.

As I mentioned before a pure trust is not like other trusts in that it is not a separate entity.

Yes you can just have a written document revoking the trust filed in the Recorder's Office. Then you would have to create a new trust if you wish to have the property placed into a trust.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 99.6 %
Accepts: 888
Answered: 11/20/2011

Experience: Practicing Attorney for over 20 years and College Professor for over 10 years

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