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| U.S. TRUST V.S. FOREIGN TRUST |
| Generally, most trusts prepared in the U.S. will be considered to be a U.S. Trust. However, if a trust names a non-U.S. resident or a U.S. citizen who lives outside of the U.S. as a Successor Trustee, the IRS could consider the trust to be a "foreign trust," which may lead to more tax consequences, compared to a U.S. Trust. |
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| "CONTROL TEST" REQUIRES A U.S. PERSON TO BE THE TRUSTEE |
| The "Control Test" under the federal statutes requires that a "U.S. person" be able to control all significant decisions of the trust, in order for the trust to be classified as a U.S. Trust. Under this test, it may be a good idea to avoid appointing any person who lives outside of the U.S., and therefore, is not a resident of the U.S., or a U.S. Citizen who consistently lives outside of the U.S. Greencard-holders who reside in the U.S., or U.S. Citizens who live in the U.S. may be good candidates for a Trustee in creating a U.S. Trust. |
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| CONCLUSION |
| When preparing a trust, it is a good idea to take note of the nationality and residential status of the person you wish to designate as a Trustee. |
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| CLIENT COMMENTS |
| "Lawyers in the U.S. can be difficult to talk to at times, but I think people find it easy to talk to Ms. Hongo. I also like the fact that Ms. Hongo follows up with her clients on a timely basis." |
| Sachiko Trillo, Honolulu |
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| "Hongo Tsuji Tax & Consulting, our accounting firm, introduced me to Ms. Hongo. I consulted her with regards to estate planning, and I appreciated the fact that she took care of our documents in a timely manner." |
| K.A., Tokyo |
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| "I appreciated Ms. Hongo's professional expertise and the kind way in which she took care of our matter. I am truly happy that she helped us." |
| Mitsuko Seto, Osaka |
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| "Ms. Hongo not only prepared my trust, but also took care of legal matters involving my company. Her fee is reasonable and she follows up with you in a timely manner." |
| S. Suzuki, Company Owner |
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| "Ms. Hongo took care of our matter in a kind manner. We liked the fact that her office was located in Waikiki, near our home." |
| Sugiyama, Waikiki |
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| "I became a successor to 2 condominiums that my wife owned in Hawaii, after my wife passed away. Ms. Hongo took care of our probate matter in a short timeframe of 1 year. We feel very grateful to her." |
| Shuichi Sakamoto, Nasu |
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| "Our clients were very satisfied with Ms. Hongo's service because she was able to explain matters such as probate in an easy-to-understand manner. Ms. Hongo is someone we can rely on for any matter." |
| Noboru Ohhashi, List Sotheby's, Tokyo |
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| "Given that the U.S. real estate recording process and its pertaining laws differ from those of Japan, and it is difficult to learn about them in English, I appreciated Ms. Hongo being able to explain them to me in an understandable manner. I would like to seek her help in the future for other matters." |
| K. Iwasaki, Honolulu |
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| "Ms. Hongo helped me with the estate planning for my real estate in Hawaii. I was glad she was able to help me during her visit in Japan." |
| S.T., Kawasaki |
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| "It was our long-term goal to prepare a trust for our family. We are now able to take the next step in our lives, as Ms. Hongo applied her proficient bilingual skills to efficiently take care of our matter. We are very grateful for what she did for us." |
| A.P., Honolulu |
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| You're invited to call or email |
"If you have questions about estate planning, probate, transfer on death deeds, wills, or trusts, please don't hesitate to call. I'll be glad to hear from you." – Yuka
Call (808) 237-9944 or email Yuka.hongo12@gmail.com |
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| Meet Yuka Hongo, Esq. |
| Yuka Hongo is a respected estate planning attorney based in Honolulu, Hawaii. She has practiced law for 10 years and is fluent in both English and Japanese. |
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Practice Areas: Yuka represents clients in all matters relating to estate planning, probate, transfer on death deeds, wills, and preparation of trusts. In addition, she provides notarial services in the State of Hawaii. And she translates legal, tax, accounting and other types of documents between Japanese and English.
Education: In 2000, Yuka graduated from Oberlin College (Oberlin, OH), where she earned a Bachelor of Arts Degree in Economics and East Asian Studies. In 2004, she graduated from Loyola Law School (Los Angeles, CA), where she earned her Juris Doctor Degree.
Court Admissions and Bar Memberships: Yuka is a member of the Hawaii, California, and District of Columbia Bar Associations. As such, she is admitted to practice in all State Courts in Hawaii, California and the District of Columbia. Yuka is a member of the International Law Section of the Hawaii State Bar.
Additional Qualifications: Yuka is a Certifying Acceptance Agent who can obtain the ITIN tax number for foreigners in the U.S. In addition, she is a life insurance agent and a licensed notary public in Hawaii. Also, Yuka is fully bilingual in Japanese and English and has in-depth experience including complicated translations working with both languages.
Multicultural Background: Yuka has experience living and working in both the U.S. and Japan and has a thorough understanding of both cultures and the people who live in both countries. In addition, she loves working with people from other multicultural backgrounds, and working on international matters.
Accounting Experience: Yuka worked for the Tokyo office of a prominent U.S. accounting firm for the past number of years and has extensive experience working with tax and legal issues that arise from cross-border transactions.
Educational Presentations: Yuka has presented seminars in Japan relating to Transfer on Death Deeds in Hawaii and trusts in the United States.
Residence & Interests: Yuka lives in Honolulu, Hawaii and is single. She enjoys scoping out new eateries and restaurants. |
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