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Irrevocable Trust |
Also found in: Wikipedia | 0.01 sec. |
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Irrevocable trust A trust that is unable to be amended, altered, or revoked.
Irrevocable trust. An irrevocable trust is a legal agreement whose terms cannot be changed by the creator, or grantor, who establishes the trust, chooses a trustee, and names the beneficiary or beneficiaries. The trust document names a trustee who is responsible for managing the assets in the best interests of the beneficiary or beneficiaries and carrying out the wishes the creator has expressed. You typically use an irrevocable trust for the tax benefits it can provide by removing assets permanently from your estate. In addition, through the terms of the trust you can exert continuing control over the way your property is distributed to your beneficiaries. Trusts have the additional advantages of being more difficult to contest than a will and more private. If you establish an irrevocable trust while you're still alive, it's called a living or inter vivos trust. If you establish the trust in your will, so that it takes effect at the time of your death, it's called a testamentary trust. Irrevocable Trust What Does Irrevocable Trust Mean? A trust that cannot be modified or terminated without the permission of the beneficiary; the grantor, having transferred assets into the trust, effectively relinquishes all rights of ownership to the assets and the trust. This is the opposite of a revocable trust, which allows the grantor to modify the trust. Investopedia explains Irrevocable Trust The main reason for setting up an irrevocable trust is estate and tax considerations. The benefit of this type of trust for estate assets is that it removes all incidents of ownership, effectively removing the trust's assets from the grantor's taxable estate. The grantor also is relieved of the tax liability on the income generated by the assets. Although the tax rules vary among jurisdictions, in most cases the grantor cannot receive those benefits if he or she is the trustee of the trust. The assets held in the trust can include but are not limited to a business, investment assets, cash, and life insurance policies. Related Terms: How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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| An irrevocable trust can reposition your assets to allow you control and limit the amount that can be demanded Of the nursing home spend-down mandate to reduce your hard-earned wealth. The benefits that can be achieved by receiving and retaining gifts and inherited assets in an irrevocable trust are significant. The irrevocable trust gave the husband a noncumulative power to withdraw each calendar year, from the principal of the trust, an amount not to exceed the greater of $5,000 or 5% (the "five-or-five" power) of the then aggregate market value of all property included in the trust. |
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