South Dakota Termination of Grantor Retained Annuity Trust in Favor of Existing Life Insurance Trust
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In other words, if the grantor (or a non-adverse party) has the power to revoke any part of a trust and reclaim the trust assets, then the grantor will be taxed on the trust income.
Putting the life insurance policy in the trust can remove it from the grantor's personal assets. As an irrevocable trust, once the life insurance is owned by the trust, you can't take it back.
A grantor trust can, in a given case, be either revocable or irrevocable, although most types of grantor trusts involve an irrevocable trust. Certain types of trusts (such, as for example, a revocable trust) are disregarded not only for income tax purposes but also for federal estate and gift tax purposes.
A GRAT is an irrevocable trust that allows the trust's creator known as the grantor to direct certain assets into a temporary trust and freeze its value, removing additional appreciation from the grantor's estate and giving it to heirs with minimal estate or gift tax liability.
Even an irrevocable trust can be revoked with a court order. A court may execute an order that permits the dissolution of a life insurance trust if changes in trust or tax laws or in the grantor's family situation make the life insurance trust no longer serve its original purpose.
As the Trustor of a trust, once your trust has become irrevocable, you cannot transfer assets into and out of your trust as you wish. Instead, you will need the permission of each of the beneficiaries in the trust to transfer an asset out of the trust.
A grantor retained annuity trust, better known as a GRAT, is an irrevocable trust that pays an annuity amount to the grantor for a set period of years, after which the remainder passes to or for the benefit of children or others.
One easy way to terminate a life insurance trust, the grantor to stops making the premium payments, known as gifts, to the trust. If the grantor stops making payments to the trust, then the policy will lapse. This causes the purpose of the trust to be eliminated.
Grantor Retained Income Trust, DefinitionA GRIT is a type of irrevocable trust, meaning the transfer of assets is permanent and can't be reversed.
A grantor retained annuity trust is a type of irrevocable gifting trust that allows a grantor or trustmaker to potentially pass a significant amount of wealth to the next generation with little or no gift tax cost. GRATs are established for a specific number of years.