Trust Names and Descriptions
Revocable Living Trust (REV)
A revocable living trust is a legal arrangement in which the creator of the trust (known as the grantor) transfers ownership of their assets to a trust, managed by a trustee, for the benefit of themselves during their lifetime and for their designated beneficiaries after their death. The trust can be revoked or modified by the grantor at any time while they are alive, hence the name "revocable" living trust.
One of the main benefits of a revocable living trust is that it allows assets to pass directly to beneficiaries upon the grantor's death, bypassing probate court. This can save time and money and provide more privacy for the grantor's family.
In addition, a revocable living trust can also help manage the grantor's assets if they become incapacitated or unable to manage their affairs. The trustee can step in and manage the trust assets on behalf of the grantor.
It's important to note that assets held in a revocable living trust are still subject to estate taxes and other creditor claims.
Irrevocable Living Trust (IRREV)
An irrevocable living trust is a type of trust that cannot be changed or revoked once it has been established. When creating an irrevocable trust, the grantor transfers assets to the trust and gives up ownership and control over those assets. The trustee then manages the assets on behalf of the trust beneficiaries.
One of the primary benefits of an irrevocable living trust is that it can provide asset protection for the grantor's assets, as those assets are no longer owned by the grantor and are therefore shielded from potential creditors. In addition, an irrevocable trust can help minimize estate taxes by removing the assets from the grantor's estate.
However, since an irrevocable trust cannot be changed or revoked, it's important to carefully consider the terms of the trust and the assets being transferred before establishing the trust. The grantor should also be aware that they will no longer have control over the assets transferred to the trust, and the trustee will have significant authority over the management of those assets.
Spousal Lifetime Access Trust (SLAT)
A Spousal Lifetime Access Trust (SLAT) is a type of irrevocable trust that is established by one spouse for the benefit of the other spouse. With a SLAT, the grantor spouse contributes assets to the trust, which are then managed by a trustee for the benefit of the non-grantor spouse and potentially other beneficiaries, such as children or grandchildren.
One of the primary benefits of a SLAT is that it allows the grantor spouse to remove assets from their estate for estate tax purposes while still providing the non-grantor spouse with access to the trust assets during their lifetime. This can help minimize the overall tax burden on the couple's estate.
However, since a SLAT is an irrevocable trust, once the assets have been transferred to the trust, the grantor spouse no longer has control over those assets. In addition, the non-grantor spouse may only have access to the assets in accordance with the terms of the trust.
It's important to work with an experienced estate planning attorney when establishing a SLAT, as the terms of the trust must be carefully crafted to ensure that it meets the needs of both spouses while also minimizing tax liabilities and complying with applicable laws and regulations.
Irrevocable Life Insurance Trust (ILIT)
An ILIT, or Irrevocable Life Insurance Trust, is a type of irrevocable trust that is specifically designed to hold and manage life insurance policies. With an ILIT, the grantor transfers ownership of their life insurance policy to the trust, and the trustee manages the policy on behalf of the trust beneficiaries.
One of the primary benefits of an ILIT is that it can help minimize estate taxes by removing the life insurance policy from the grantor's estate. In addition, since the policy is owned by the trust, the proceeds of the policy are not subject to the claims of the grantor's creditors.
Another benefit of an ILIT is that it can provide additional flexibility and control over the distribution of the policy proceeds. The trustee can manage the distribution of the proceeds to ensure that they are used in accordance with the grantor's wishes and to provide for the financial needs of the beneficiaries over time.
It's important to work with an experienced estate planning attorney when establishing an ILIT, as the terms of the trust must be carefully crafted to comply with applicable laws and regulations. In addition, the grantor must also comply with strict requirements regarding the transfer of ownership of the life insurance policy to the trust.
Qualified Personal Residence Trust (QPRT)
A Qualified Personal Residence Trust (QPRT) is a type of irrevocable trust that allows the grantor to transfer ownership of their primary residence or vacation home to the trust for a specified period of time. The grantor retains the right to live in the home during this time, after which the home passes to the designated beneficiaries.
One of the primary benefits of a QPRT is that it can help minimize estate taxes by removing the value of the home from the grantor's estate at a discounted value, based on the length of the trust term and the IRS's interest rate assumptions. This can be especially advantageous for homeowners with high-value homes.
In addition, a QPRT can provide a way for the grantor to transfer the home to their beneficiaries while retaining the right to live in the home for a specified period of time. This can be helpful for individuals who want to transfer their home to their children or other beneficiaries while still maintaining the ability to use and enjoy the home during their lifetime.
However, there are several requirements and limitations associated with QPRTs, including restrictions on the use and transfer of the home during the trust term and potential tax consequences if the grantor dies before the end of the trust term. It's important to work with an experienced estate planning attorney to determine if a QPRT is the right option for your specific situation and to ensure that the trust is properly established and administered.
Grantor Retained Trust (GRAT, GRIT, GRUT)
A Grantor Retained Trust (GRAT) is a type of irrevocable trust that allows the grantor to transfer assets to the trust while retaining the right to receive income or use of the assets for a specified period of time. The trust is set up with a fixed term, after which the assets are transferred to the beneficiaries designated by the grantor.
One of the primary benefits of a GRAT is that it can help minimize gift and estate taxes by allowing the grantor to transfer assets to their beneficiaries at a discounted value, based on the length of the trust term and the IRS's interest rate assumptions. This can be especially advantageous for individuals with high-value assets.
In addition, a GRAT can provide a way for the grantor to transfer assets to their beneficiaries while retaining the right to receive income or use of the assets for a specified period of time. This can be helpful for individuals who want to transfer assets to their children or other beneficiaries while still maintaining the ability to use and enjoy those assets during their lifetime.
However, there are several requirements and limitations associated with GRATs, including restrictions on the use and transfer of the assets during the trust term and potential tax consequences if the grantor dies before the end of the trust term. It's important to work with an experienced estate planning attorney to determine if a GRAT is the right option for your specific situation and to ensure that the trust is properly established and administered.
Charitable Remainder Trust (CRAT, CRUT)
A Charitable Remainder Trust (CRT) is a type of irrevocable trust that allows the grantor to transfer assets to the trust while retaining the right to receive income or use of the assets for a specified period of time. At the end of the trust term, the remaining assets are transferred to a designated charity or charities.
One of the primary benefits of a CRT is that it allows the grantor to receive a stream of income from the trust assets while also making a charitable contribution to a cause or organization they support. The grantor can receive an immediate income tax deduction for the present value of the remainder interest that will eventually go to the charity, and they can also benefit from reduced capital gains taxes if appreciated assets are used to fund the trust.
In addition, a CRT can provide a way for the grantor to transfer assets to their beneficiaries while still making a meaningful charitable contribution. This can be helpful for individuals who want to support a particular charity or cause while also providing for their loved ones.
However, there are several requirements and limitations associated with CRTs, including restrictions on the use and transfer of the assets during the trust term and potential tax consequences if the grantor dies before the end of the trust term. It's important to work with an experienced estate planning attorney to determine if a CRT is the right option for your specific situation and to ensure that the trust is properly established and administered.
Charitable Lead Trust (CLAT, CLUT)
A Charitable Lead Trust (CLT) is a type of irrevocable trust that allows the grantor to transfer assets to the trust, which then provides a stream of income to a designated charity or charities for a specified period of time. At the end of the trust term, the remaining assets are transferred to the grantor's designated beneficiaries.
One of the primary benefits of a CLT is that it allows the grantor to support a charitable cause or organization they care about while also transferring assets to their beneficiaries at a reduced tax cost. The grantor can receive an immediate income tax deduction for the present value of the charitable interest that will eventually go to the charity, and they can also benefit from reduced gift and estate taxes on the transfer of assets to their beneficiaries.
In addition, a CLT can provide a way for the grantor to transfer assets to their beneficiaries while still making a meaningful charitable contribution. This can be helpful for individuals who want to support a particular charity or cause while also providing for their loved ones.
However, there are several requirements and limitations associated with CLTs, including restrictions on the use and transfer of the assets during the trust term and potential tax consequences if the grantor dies before the end of the trust term. It's important to work with an experienced estate planning attorney to determine if a CLT is the right option for your specific situation and to ensure that the trust is properly established and administered.
Qualified Terminable Interest Property (QTIP) Trust
A Qualified Terminable Interest Property (QTIP) trust is a type of irrevocable trust that allows a married individual to provide for their surviving spouse while also controlling the ultimate distribution of assets to other beneficiaries, such as children or other heirs.
With a QTIP trust, the grantor transfers assets to the trust, and during their lifetime, the income generated by the trust is paid to the surviving spouse. The grantor can specify the ultimate beneficiaries of the trust, such as children or other heirs, and upon the death of the surviving spouse, the remaining assets are distributed to those beneficiaries according to the grantor's wishes.
One of the primary benefits of a QTIP trust is that it allows the grantor to provide for their surviving spouse while also controlling the ultimate distribution of assets. This can be especially helpful in situations where the grantor has children from a previous marriage or wants to ensure that their assets ultimately go to a specific beneficiary.
In addition, a QTIP trust can also provide estate tax benefits by allowing the grantor to use their entire estate tax exemption to transfer assets to the trust, even if those assets will ultimately be distributed to other beneficiaries.
However, there are several requirements and limitations associated with QTIP trusts, including restrictions on the use and transfer of the assets during the trust term and potential tax consequences if the surviving spouse dies before the end of the trust term. It's important to work with an experienced estate planning attorney to determine if a QTIP trust is the right option for your specific situation and to ensure that the trust is properly established and administered.
Marital and Credit Shelter Trust (A-B)
A Marital and Credit Shelter Trust, also known as a A-B Trust or a Bypass Trust, is a type of estate planning strategy that is designed to take advantage of the federal estate tax exemption by dividing a married couple's assets into two trusts upon the death of the first spouse.
Upon the death of the first spouse, the assets that are transferred to the Bypass Trust are not included in the surviving spouse's estate for tax purposes, which allows those assets to be passed on to the couple's heirs without being subject to estate taxes. Instead, the surviving spouse has access to the assets in the Marital Trust, which provides them with income and other benefits for the remainder of their life.
One of the primary benefits of a Marital and Credit Shelter Trust is that it allows a married couple to transfer a larger amount of assets to their heirs without being subject to estate taxes. This can be especially helpful for individuals with large estates that would otherwise be subject to substantial estate taxes upon their death.
In addition, a Marital and Credit Shelter Trust can also provide additional benefits, such as creditor protection and the ability to control the ultimate distribution of assets to heirs.
However, there are several requirements and limitations associated with Marital and Credit Shelter Trusts, including restrictions on the use and transfer of the assets during the trust term and potential tax consequences if the surviving spouse dies before the end of the trust term. It's important to work with an experienced estate planning attorney to determine if a Marital and Credit Shelter Trust is the right option for your specific situation and to ensure that the trust is properly established and administered.
Generation-Skipping Trust (GST)
A Generation-Skipping Trust (GST) is a type of trust designed to transfer assets to beneficiaries who are at least two generations younger than the grantor, such as grandchildren or great-grandchildren. This allows the grantor to transfer assets to their descendants while minimizing estate and gift taxes.
With a GST, the grantor transfers assets to the trust, and the trust then distributes income or principal to the beneficiaries for a specified period of time. The trust is structured so that upon the death of the beneficiaries, the remaining assets are transferred to the next generation of beneficiaries, such as the grantor's grandchildren or great-grandchildren.
One of the primary benefits of a GST is that it allows the grantor to transfer assets to their descendants without incurring additional estate and gift taxes. By skipping a generation, the grantor can avoid the taxes that would be incurred if the assets were transferred directly to their children.
In addition, a GST can also provide a way for the grantor to control the ultimate distribution of their assets to future generations, such as by specifying certain conditions that must be met before the assets can be distributed to the next generation.
However, there are several requirements and limitations associated with GSTs, including restrictions on the use and transfer of the assets during the trust term and potential tax consequences if the grantor dies before the end of the trust term. It's important to work with an experienced estate planning attorney to determine if a GST is the right option for your specific situation and to ensure that the trust is properly established and administered.
Testamentary Trust (Created in Your Will)
A Testamentary Trust is a type of trust that is created in a person's will and becomes effective only after the person's death. Unlike other types of trusts, which are established during the grantor's lifetime, a testamentary trust is created through the grantor's last will and testament.
A testamentary trust allows the grantor to specify how their assets will be distributed to their beneficiaries after their death. For example, a grantor may create a testamentary trust for their minor children, which would hold the assets until the children reach a certain age or meet other specified conditions.
One of the primary benefits of a testamentary trust is that it allows the grantor to provide for their beneficiaries after their death while also providing certain protections and controls over the assets. For example, a testamentary trust can protect assets from creditors or provide for a beneficiary with special needs without affecting their eligibility for government benefits.
In addition, a testamentary trust can also provide tax benefits, such as by minimizing estate and gift taxes.
However, there are several requirements and limitations associated with testamentary trusts, including restrictions on the use and transfer of the assets during the trust term and potential tax consequences for the beneficiaries. It's important to work with an experienced estate planning attorney to determine if a testamentary trust is the right option for your specific situation and to ensure that the trust is properly established and administered.
