While this subreddit has had many posts about becoming a beneficiary of a US trust, I may be in a position to become both a beneficiary and a trustee, and I wonder if that creates any specific issues for me?
Yes I'm going to pay for professional advice, but before doing so, appreciate any comments; below are specific questions in bold.
My mother, brother, and I plan to set up the following (I am long-term resident here, the others live in the US and have no Japan connection):
- Amend her will to create a revocable trust, which will become irrevocable upon her death.
- All her assets will get moved into that trust while she is alive, so her estate can avoid probate
- As long as she lives, my mother and I would be the trustees.
- When she dies, the following benefits will be paid out:
- my brother will become a beneficiary with ongoing benefits. (he has some health issues, but an SNT doesn't seem to fit his needs).
- I would be named as a beneficiary to receive a one-time inheritance, which I suppose will be taxed in Japan like any normal inheritance, ie the existence of the trust would be irrelevant? (statutory heirs being 2, my brother and me)
- After my mother pases away, another relative (a cousin of mine) might become a trustee. I would also very likely bring on an institutional trustee to professionalize it, for a total of 2-3 trustees. I would receive some payment for trustee services. Will Japan tax this just like any earned income? Does my role as trustee create any exposure? (eg, if NTA deemed I had some discretion to use trust assets for my own benefit)?
- In the future, if my brother dies before me, the balance in trust would be paid out to me. If I'm living in Japan in that case, I suppose this would again be taxable like a normal inheritance? (with me now as the lone statutory heir)
by JazzMeAmadeus