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Example 1: Nancy Hunter creates a revocable trust into which she transfers her bank accounts, investment accounts, and real estate.
* On Morrissette's death, her revocable trust/payor owned the right to receive the greater of the premiums paid or the cash value of each policy on the death of the child.
The assets in a revocable trust remain in the grantor's estate, so if they're close to qualifying for the federal estate tax, those assets could easily push them over the limit.
The Morey decision is not the only judicial opinion deciding the potential loss of creditor protection with respect to the payment of insurance proceeds to a revocable trust.
Before the enactment of the statutory change, Goltermann says, spouses whose estate plan recommendations included the common vehicle of revocable inter vivos trusts would have to choose between their estate planner's advice and the protections against creditors that tenancy by the entirety confers.
When a revocable life insurance trust is created, the policy owner typically reserves all of the ownership rights in the policies and, unless the trust is funded with income producing assets, the policyowner will continue to be responsible to pay all premiums.
A revocable trust becomes irrevocable when the grantor, during his lifetime, relinquishes title to property placed in the trust and gives up all right to alter, amend, revoke, or terminate the trust, or when the grantor dies.
* Eligibility for estates, heirs and qualified revocable trusts to exclude gain from the sale of a primary residence, applicable to estates of decedents dying after 2009.
Our rights are revocable to an alarming degree because they aren't specifically enumerated in the Constitution.
Two basic differences have led me to choose a revocable living trust.
Cowles Legal Systems' Trust Plus creates wills, irrevocable trusts, and revocable trusts, including funding documents, state-specific supporting documents such as powers of attorney (financial and health care), deeds, etc., invoices, correspondence, custom covers, and envelopes.