Trusts: Totten Trusts

Description: Test your knowledge on Totten Trusts, a specific type of trust created by depositing funds into a bank account in the name of the depositor as trustee for another person as beneficiary.
Number of Questions: 15
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Tags: trusts totten trusts bank accounts beneficiaries revocable trusts
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What is the primary purpose of a Totten Trust?

  1. To avoid probate

  2. To provide for the financial security of a minor child

  3. To reduce estate taxes

  4. To create a charitable foundation


Correct Option: A
Explanation:

Totten Trusts are commonly used to avoid the probate process, which can be time-consuming and costly.

Who can create a Totten Trust?

  1. Anyone over the age of 18

  2. Only married couples

  3. Only parents of minor children

  4. Only individuals with a will


Correct Option: A
Explanation:

Totten Trusts can be created by any individual over the age of 18 who has the capacity to enter into a contract.

What is the role of the trustee in a Totten Trust?

  1. To manage and invest the trust assets

  2. To distribute the trust income and principal to the beneficiary

  3. To file tax returns for the trust

  4. All of the above


Correct Option: D
Explanation:

The trustee of a Totten Trust is responsible for managing and investing the trust assets, distributing the trust income and principal to the beneficiary, and filing tax returns for the trust.

What is the role of the beneficiary in a Totten Trust?

  1. To receive the income and principal from the trust

  2. To provide investment advice to the trustee

  3. To file tax returns for the trust

  4. To manage and invest the trust assets


Correct Option: A
Explanation:

The beneficiary of a Totten Trust is entitled to receive the income and principal from the trust.

Is a Totten Trust revocable?

  1. Yes

  2. No

  3. It depends on the terms of the trust

  4. It depends on the state law


Correct Option: A
Explanation:

Totten Trusts are generally revocable, meaning that the depositor can terminate the trust at any time.

What happens to the assets in a Totten Trust upon the death of the depositor?

  1. They pass to the beneficiary

  2. They pass to the depositor's estate

  3. They are distributed to the depositor's creditors

  4. They escheat to the state


Correct Option: A
Explanation:

Upon the death of the depositor, the assets in a Totten Trust pass to the beneficiary.

What are the advantages of a Totten Trust?

  1. They are easy to create

  2. They avoid probate

  3. They provide for the financial security of a minor child

  4. All of the above


Correct Option: D
Explanation:

Totten Trusts offer several advantages, including ease of creation, avoidance of probate, and the ability to provide for the financial security of a minor child.

What are the disadvantages of a Totten Trust?

  1. They are not revocable

  2. They can be challenged by the depositor's creditors

  3. They do not provide for any tax benefits

  4. All of the above


Correct Option: B
Explanation:

Totten Trusts can be challenged by the depositor's creditors if the depositor is insolvent at the time of death.

In which state were Totten Trusts first recognized?

  1. New York

  2. California

  3. Florida

  4. Texas


Correct Option: A
Explanation:

Totten Trusts were first recognized in the state of New York in the case of In re Totten (1904).

What is the maximum amount that can be deposited into a Totten Trust?

  1. $5,000

  2. $10,000

  3. $25,000

  4. There is no limit


Correct Option: D
Explanation:

There is no limit on the amount that can be deposited into a Totten Trust.

Can a Totten Trust be used to hold real estate?

  1. Yes

  2. No

  3. It depends on the state law

  4. It depends on the terms of the trust


Correct Option: C
Explanation:

Whether a Totten Trust can be used to hold real estate depends on the state law.

Is a Totten Trust considered a valid will substitute?

  1. Yes

  2. No

  3. It depends on the state law

  4. It depends on the terms of the trust


Correct Option: B
Explanation:

Totten Trusts are not considered valid will substitutes because they do not meet the formal requirements for a will.

What is the difference between a Totten Trust and a joint tenancy?

  1. In a Totten Trust, the depositor retains ownership of the account

  2. In a joint tenancy, the joint tenants own the account equally

  3. In a Totten Trust, the beneficiary has a right to the account upon the depositor's death

  4. All of the above


Correct Option: D
Explanation:

Totten Trusts and joint tenancies have several key differences, including the ownership of the account, the rights of the beneficiary, and the tax consequences.

What is the difference between a Totten Trust and a payable-on-death (POD) account?

  1. In a Totten Trust, the depositor retains ownership of the account

  2. In a POD account, the beneficiary has a right to the account upon the depositor's death

  3. In a Totten Trust, the beneficiary is entitled to the income from the account during the depositor's lifetime

  4. All of the above


Correct Option: D
Explanation:

Totten Trusts and POD accounts have several key differences, including the ownership of the account, the rights of the beneficiary, and the tax consequences.

What is the best way to ensure that a Totten Trust is valid?

  1. Have the trust agreement reviewed by an attorney

  2. Deposit the funds into a bank account in the name of the depositor as trustee for the beneficiary

  3. Deliver a copy of the trust agreement to the beneficiary

  4. All of the above


Correct Option: D
Explanation:

To ensure that a Totten Trust is valid, it is important to have the trust agreement reviewed by an attorney, deposit the funds into a bank account in the name of the depositor as trustee for the beneficiary, and deliver a copy of the trust agreement to the beneficiary.

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