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Wills & Trusts
Life Insurance Trusts
This trust is structured to retain a life insurance policy without
the death benefit impacting the estate. Used in Estate Planning
to replace the death tax
Revocable Living Trusts
Used to avoid probate and the expenses associated with it. A revocable
trust can be changed or terminated at any time by the grantor. This
trust does not reduce estate taxes.
Irrevocable Trusts
Assets in the trust are no longer controlled by the grantor and
thus are excluded from estate tax liability. Also used for "Estate
Freezing"
Credit Shelter Trusts/Bypass trust
This trust allows the surviving spouse access to interest and some
principal of the trust with the remainder passing to other individuals
at the surviving spouse's death. This type of trust utilizes the
"exemption equivalent" as a credit to the estate taxes
Q TIP Trusts
Similar to the Credit Shelter Trust/Bypass trust but usually is
employed in situations where the grantor has beneficiaries from
an earlier marriage
Grantor Retained Interest Trust (GRIT)
This planning technique allows the grantor to transfer assets, such
as a home, to a trust and retaine a fixed payment or percentage
of income for a number of years after which the remaining trust
assets pass to other beneficiaries. This helps reduce the value
of the remaining interest in the property thus reducing estate tax.
Tax laws have restricted this technique.
Grantor Retained Annuity (GRAT)
Same as GRIT except the payment to the grantor is fixed along with
the payment period.
Grantor Retained Unitrust (GRUT)
Same as a GRAT except the income is a fixed percentage.
Charitable Remainder Trust (CRT)
A Charitable remainder trust is an irrevocable trust which pays
a fixed amount (CRAT) or a fixed percentage (CRUT) each year to
a beneficiary, such as a donor of the trust. After the death of
the income beneficiary the remaining assets are distributed to a
charity. The donor receives two tax benefits an immediate reduction
of income tax for a charitable contribution, and removing assets
from your estate thus lessening estate liability.
Charitable Lead Trust
Similar to above but in this case the fixed percentage goes to the
charity at the death of the donor or at the termination of the trust
the beneficiaries receive the principal. This gives current tax
deduction for the interest paid plus reduce estate tax by estate
freezing.
Asset Replacement Trust
A special trust used for estates where a fixed asset, such as a
business, is being left to one child. In order to give the remaining
heirs a fair share the trust buys a life insurance policy on the
life of the donor with the death benefit going to the heirs not
receiving the fixed asset.
Special Minor Trusts
Frequently used by parents of handicapped or disabled children to
insure their rights to the parent's estate without sacrificing available
public services
Spendthrift Trust
Designed to provide income to beneficiaries who have trouble managing
money wisely. The trust limits the beneficiaries' ability to transfer
assets and the beneficiaries' creditors cannot reach the trust.
Disclaimer Trust
This trust allows a surviving spouse to file a qualified disclaimer
over a portion of the estate passed to the survivor. This is frequently
used when a decedent's estate is overqualified for the unified credit.
The assets are disclaimed by the spouse and then flow to the trust.
Standby Trust
This trust is specifically structured to take effect if the grantor
becomes temporary or permanently disabled.
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