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Multiple Choice

Which form of private express trust is created by a bank account naming a beneficiary?

A Totten trust is created when the owner places money in a bank account and names a beneficiary to receive the funds after the owner’s death. The owner retains control of the funds during life and holds full ownership, while the named beneficiary has no present interest; the beneficiary’s right to the funds matures only on the owner’s death. This arrangement is recognized as a private express trust for probate purposes, and it can be revoked or changed by the owner during life by withdrawing funds or naming a new beneficiary. The other options don’t fit this scenario: a pour-over trust is created by provisions in a will directing assets to a trust, not simply by naming a beneficiary on an account; an inter vivos trust is a trust formed by a trust agreement during the settlor’s lifetime; a charitable trust is established for charitable purposes and involves different rules.

A Totten trust is created when the owner places money in a bank account and names a beneficiary to receive the funds after the owner’s death. The owner retains control of the funds during life and holds full ownership, while the named beneficiary has no present interest; the beneficiary’s right to the funds matures only on the owner’s death. This arrangement is recognized as a private express trust for probate purposes, and it can be revoked or changed by the owner during life by withdrawing funds or naming a new beneficiary.

The other options don’t fit this scenario: a pour-over trust is created by provisions in a will directing assets to a trust, not simply by naming a beneficiary on an account; an inter vivos trust is a trust formed by a trust agreement during the settlor’s lifetime; a charitable trust is established for charitable purposes and involves different rules.